Kavitaben Amitbhai Chaudhari vs Roshankumar Rakeshbhai Chaudhari
2025 Latest Caselaw 8198 Guj

Gujarat High Court

Kavitaben Amitbhai Chaudhari vs Roshankumar Rakeshbhai Chaudhari on 21 November, 2025

                                                                                                                      NEUTRAL CITATION




                             C/CA/4656/2025                                          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.
                                               4656 of 2025

                                         In F/FIRST APPEAL NO. 26706 of 2025

                      ============================================
                                  KAVITABEN AMITBHAI CHAUDHARI & ORS.
                                                   Versus
                               ROSHANKUMAR RAKESHBHAI CHAUDHARI & ANR.
                      ============================================
                      Appearance:
                      MR.HIREN M MODI(3732) for the Applicant(s) No. 1,2,3,4,5
                      NOTICE SERVED for the Respondent(s) No. 1,2
                      ============================================

                           CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                                       Date : 21/11/2025

                                                            ORAL ORDER

1. Heard learned advocate for the applicants. Though served, none appears for the respondents.

2. This application is filed under Section 5 of the Limitation Act for condonation of delay of 485 days caused in filing the captioned appeal on the ground of financial crisis as Insurance Company has been exonerated and applicants did not receive any amount of compensation.

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

NEUTRAL CITATION

C/CA/4656/2025 ORDER DATED: 21/11/2025

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SUPREME COURT 3222, therefore, the delay of 485 days as explained by the learned advocate for the applicant is considered on condition that applicants shall not be entitled to the interest for the interregnum period of delay, if in case the applicants succeed in appeal. The application is accordingly allowed.

(HASMUKH D. SUTHAR,J)

ANKIT JANSARI