Citation : 2025 Latest Caselaw 8014 Guj
Judgement Date : 17 November, 2025
NEUTRAL CITATION
C/CA/4208/2025 ORDER DATED: 17/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 4208
of 2025
In F/FIRST APPEAL NO. 25141 of 2025
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REKHABA WD/O RAVIRAJSINH RANJEETSINH & ORS.
Versus
RANJEETSINH BHAVANSINH PARMAR & ORS.
==============================================
Appearance:
MR RATHIN P RAVAL(5013) for the Applicant(s) No. 1,2,3
LEEN K DAVE(9559) for the Respondent(s) No. 6
MS DIMPLE A THAKER(6838) for the Respondent(s) No. 3
NOTICE NOT RECD BACK for the Respondent(s) No. 1,2
NOTICE SERVED for the Respondent(s) No. 4
NOTICE UNSERVED for the Respondent(s) No. 5
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 17/11/2025
ORAL ORDER
1. Heard learned Advocate for the applicant and learned Advocate for
the respondent no.3.
2. As the respondent nos.1 and 2 are driver and owner of the Truck
and the said Truck is insured by the respondent no.3, whereas, the
learned Advocate for the respondent no.6 has filed sick note, but the
Insurance Company i.e. respondent no.6, is already been exonerated and
said part is also not challenged in the appeal by the applicant. Considering
the said facts, today the present application for condonation of delay is
taken up for hearing.
3. This application is filed under Section 5 of the Limitation Act for
condonation of delay of 77 days caused in filing the captioned appeal on
the ground of managing funds and obtaining necessary papers.
NEUTRAL CITATION
C/CA/4208/2025 ORDER DATED: 17/11/2025
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4. Having heard the learned advocates for the respective parties and
considering the averments made in this application, it appears that
sufficient cause is made out to condone the delay and in view of the
judgment passed by the Hon'ble Apex Court in the case of N.
Balakrishnan vs. N. Krishnamurthy, reported in AIR 1998 SUPREME
COURT 3222, therefore, the delay of 77 days as explained by the
learned advocate for the applicant is considered. The application is
accordingly allowed.
(HASMUKH D. SUTHAR,J)
ANKIT JANSARI
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