Kailashben Wd/O Bhailalbhai ... vs Jigneshkumar Kaushikkumar Soni
2025 Latest Caselaw 8194 Guj

Gujarat High Court

Kailashben Wd/O Bhailalbhai ... vs Jigneshkumar Kaushikkumar Soni on 21 November, 2025

                                                                                                                NEUTRAL CITATION




                             C/CA/3111/2025                                      ORDER DATED: 21/11/2025

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                               IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO.
                                           3111 of 2025

                                       In F/FIRST APPEAL NO. 17338 of 2025

                      ==============================================
                           KAILASHBEN WD/O BHAILALBHAI GOVINDBHAI PATEL & ANR.
                                                 Versus
                                 JIGNESHKUMAR KAUSHIKKUMAR SONI & ORS.
                      ==============================================
                      Appearance:
                      MR RATHIN P RAVAL(5013) for the Applicant(s) No. 1,2
                      MASUMI V NANAVATY(9321) for the Respondent(s) No. 3
                      MR MAHESHKUMAR K PUROHIT(10627) for the Respondent(s) No. 1
                      MR VIBHUTI NANAVATI(513) for the Respondent(s) No. 3
                      NOTICE SERVED for the Respondent(s) No. 2
                      ==============================================
                        CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                                       Date : 21/11/2025

                                                            ORAL ORDER

1. Heard learned advocate for the applicant. Though served, none appears for the respondent no.2.

2. This application is filed under Section 5 of the Limitation Act for condonation of delay of 236 days caused in filing the captioned appeal on the ground of arrangement of court fees.

3. Learned Advocate for the respondent no.1, has objected the present application on the ground that the reason for delay is not explained by the applicant.

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

NEUTRAL CITATION

C/CA/3111/2025 ORDER DATED: 21/11/2025

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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 236 days as explained by the learned advocate for the applicant is considered. The application is accordingly allowed.

(HASMUKH D. SUTHAR,J) ANKIT JANSARI