Kiranben @ Kiranbala Mahendrabhai ... vs Yogeshbhai Laxmanbhai Jethva
2025 Latest Caselaw 8199 Guj

Gujarat High Court

Kiranben @ Kiranbala Mahendrabhai ... vs Yogeshbhai Laxmanbhai Jethva on 21 November, 2025

                                                                                                                  NEUTRAL CITATION




                             C/CA/4399/2025                                        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. 4399
                                               of 2025

                                    In F/FIRST APPEAL NO. 25669 of 2025
                      ==============================================
                              KIRANBEN @ KIRANBALA MAHENDRABHAI GIRDHARIYA
                                                     Versus
                                    YOGESHBHAI LAXMANBHAI JETHVA & ORS.
                      ==============================================
                      Appearance:
                      NISHIT A BHALODI(9597) for the Applicant(s) No. 1
                      DELETED for the Respondent(s) No. 1
                      MR HS MUNSHAW(495) for the Respondent(s) No. 2
                      MS KIRTI S PATHAK(9966) for the Respondent(s) No. 3
                      ==============================================
                        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 respondents.

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

condonation of delay of 134 days caused in filing the captioned appeal on

the ground of arrangement of money and applicant being illiterate.

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 134 days as explained by the

learned advocate for the applicant is considered. The application is

accordingly allowed.

(HASMUKH D. SUTHAR,J) ANKIT JANSARI