Chiragbhai Jitendrabhai Rathod vs Aqilbhai Sikandarbhai Ghanchi
2025 Latest Caselaw 8016 Guj

Gujarat High Court

Chiragbhai Jitendrabhai Rathod vs Aqilbhai Sikandarbhai Ghanchi on 17 November, 2025

                                                                                                                  NEUTRAL CITATION




                             C/CA/4463/2025                                        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. 4463
                                                of 2025
                                In F/FIRST APPEAL NO. 25110 of 2025
                      ==============================================
                                  CHIRAGBHAI JITENDRABHAI RATHOD
                                               Versus
                               AQILBHAI SIKANDARBHAI GHANCHI & ORS.
                      ==============================================
                      Appearance:
                      MS POOJA H HOTCHANDANI(7765) for the Applicant(s) No. 1
                      MR YOGI K GADHIA(5913) for the Respondent(s) No. 3
                      NOTICE NOT RECD BACK for the Respondent(s) No. 2
                      NOTICE SERVED for the Respondent(s) No. 1
                      ==============================================
                        CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                                        Date : 17/11/2025
                                                          ORAL ORDER

1. Heard learned advocate for the applicant and learned Advocate for

respondent no.3. Though served, none appears for the respondent no.1.

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

condonation of delay of 147 days caused in filing the captioned appeal on

the ground that second certified copy was obtained late and the disbursed

amount was utilized to pay off debts.

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 147 days as explained by the

learned advocate for the applicant is considered. The application is

accordingly allowed.

(HASMUKH D. SUTHAR,J) ANKIT JANSARI