Dhaniben Thakarshibhai Kasundra vs Hareshbhai Dayabhai Bhimani
2025 Latest Caselaw 8015 Guj

Gujarat High Court

Dhaniben Thakarshibhai Kasundra vs Hareshbhai Dayabhai Bhimani on 17 November, 2025

                                                                                                                  NEUTRAL CITATION




                             C/CA/4448/2025                                        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. 4448
                                                of 2025

                                    In F/FIRST APPEAL NO. 25406 of 2025
                      ==============================================
                                  DHANIBEN THAKARSHIBHAI KASUNDRA & ANR.
                                                      Versus
                                     HARESHBHAI DAYABHAI BHIMANI & ORS.
                      ==============================================
                      Appearance:
                      MR AR PATEL(5838) for the Applicant(s) No. 1,2
                      NOTICE SERVED for the Respondent(s) No. 1,2,3
                      ==============================================
                        CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                                        Date : 17/11/2025
                                                          ORAL ORDER

1. Heard learned advocate for the applicant. Though served, none

appears for the respondent nos. 1 to 3.

2. This application is filed under Section 5 of the Limitation Act for

condonation of delay of 161 days caused in filing the captioned appeal on

the ground that the certified copy of the judgment was not found and

hence they applied another certified copy of the judgment.

3. 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 161 days as explained by the

learned advocate for the applicant is considered. The application is

accordingly allowed.

(HASMUKH D. SUTHAR,J) ANKIT JANSARI