Nainaben Arvindsingh Chauhan vs Ismailsha Mehboobsha Divan
2025 Latest Caselaw 8206 Guj

Gujarat High Court

Nainaben Arvindsingh Chauhan vs Ismailsha Mehboobsha Divan on 21 November, 2025

                                                                                                                  NEUTRAL CITATION




                             C/CA/4642/2025                                        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. 4642
                                               of 2025

                                          In F/FIRST APPEAL NO. 27331 of 2025

                      ==============================================
                                   NAINABEN ARVINDSINGH CHAUHAN & ORS.
                                                     Versus
                                     ISMAILSHA MEHBOOBSHA DIVAN & ORS.
                      ==============================================
                      Appearance:
                      MR.HIREN M MODI(3732) for the Applicant(s) No. 1,2,3
                      MS KIRTI S PATHAK(9966) for the Respondent(s) No. 3
                      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 applicant. Though served, none

appears for the respondent nos.1 and 2.

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

condonation of delay of 290 days caused in filing the captioned appeal on

the ground of financial crisis.

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 290 days as explained by the

learned advocate for the applicant is considered. The application is

accordingly allowed.

(HASMUKH D. SUTHAR,J)

ANKIT JANSARI