Laxmiben Vipulbhai Mundhava vs Shekhabhai Sagrambhai Han
2025 Latest Caselaw 7959 Guj

Gujarat High Court

Laxmiben Vipulbhai Mundhava vs Shekhabhai Sagrambhai Han on 14 November, 2025

Author: Sangeeta K. Vishen

Bench: Sangeeta K. Vishen

                                                                                                          NEUTRAL CITATION




                                C/CA/5313/2025                            ORDER DATED: 14/11/2025

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                                      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                           R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 5313 of
                                                      2025
                                      In F/CROSS OBJECTION NO. 30842 of 2025

                        ==========================================================
                                              LAXMIBEN VIPULBHAI MUNDHAVA & ORS.
                                                             Versus
                                               SHEKHABHAI SAGRAMBHAI HAN & ORS.
                        ==========================================================
                        Appearance:
                        NISHIT A BHALODI(9597) for the Applicant(s) No. 1,2,3,4,5
                        MR RATHIN P RAVAL(5013) for the Respondent(s) No. 3
                        ==========================================================

                           CORAM:HONOURABLE MS. JUSTICE SANGEETA K. VISHEN
                                 and
                                 HONOURABLE MS. JUSTICE NISHA M. THAKORE

                                                  Date : 14/11/2025
                                                    ORAL ORDER

(PER : HONOURABLE MS. JUSTICE SANGEETA K. VISHEN)

The present application has been filed with a prayer to condone the delay of 167 days caused in preferring the Cross Objection in F/First Appeal no.253 of 2025.

2. Mr Nishit A. Bhalodi, learned advocate for the applicant has made submissions along the lines of the averments made in the application. It is submitted that after taking necessary opinion and after understanding the aspects of fees and expenses involved, the cross objection was filed and in the process, there occurred a delay of 167 days. It is urged that First Appeal no.253 of 2024 by the Insurance Company arising out of the self-same judgment, is admitted by this Court. Request is made for passing necessary order.

NEUTRAL CITATION

C/CA/5313/2025 ORDER DATED: 14/11/2025

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3. Mr Rathin P. Raval, learned advocate for the respondent has no objection if the delay is condoned.

4. Issue rule, returnable forthwith. Mr Rathin P. Raval, learned advocate waives service of notice of rule on behalf of the respondent.

5. Having regard to the averments, so also the submissions made, this Court deems it appropriate to accept the explanation offered and the delay occurred, deserves to be condoned and is accordingly, condoned. Civil Application succeeds and is accordingly allowed. Rule is made absolute. No order as to costs.

(SANGEETA K. VISHEN,J)

(NISHA M. THAKORE,J) BINOY B PILLAI