Mihir Sandipkumar Pandya vs Bhavisha Mihir Pandya
2025 Latest Caselaw 6610 Guj

Gujarat High Court

Mihir Sandipkumar Pandya vs Bhavisha Mihir Pandya on 15 September, 2025

Author: Sangeeta K. Vishen

Bench: Sangeeta K. Vishen

                                                                                                                  NEUTRAL CITATION




                              C/CA/4453/2025                                       ORDER DATED: 15/09/2025

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                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                         R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 4453 of
                                                      2025
                                       In F/FIRST APPEAL NO. 25177 of 2025

                       ==========================================================
                                                      MIHIR SANDIPKUMAR PANDYA
                                                                Versus
                                                        BHAVISHA MIHIR PANDYA
                       ==========================================================
                       Appearance:
                       MR DARSHAN K KOTHARI(14004) for the Applicant(s) No. 1
                       MR NEHUL L DAVE(2411) for the Applicant(s) No. 1
                       RULE NOT RECD BACK for the Respondent(s) No. 1
                       ==========================================================

                         CORAM:HONOURABLE MS. JUSTICE SANGEETA K. VISHEN
                               and
                               HONOURABLE MS. JUSTICE NISHA M. THAKORE

                                              Date : 15/09/2025
                                               ORAL ORDER

(PER : HONOURABLE MS. JUSTICE SANGEETA K. VISHEN)

1. By this application, the applicant has prayed for condoning the delay of 282 days caused in preferring the captioned first appeal.

2. Mr.Nehul Dave, learned advocate for the applicant submitted that after the judgment was pronounced, steps were taken but, in the interregnum, immediate process could not be done as the parents of the applicant are aged and suffering from health issues and required constant supervision. It is submitted that the father of the applicant was hospitalized in the month of December, 2024 thereafter, again in the month of February, 2025 and lastly in the month of April, 2025. It is submitted that after having settled, steps were taken. It is submitted that the applicant is currently unemployed and is looking for another job. It is urged that the delay is bona fide which may kindly be condoned.

NEUTRAL CITATION

C/CA/4453/2025 ORDER DATED: 15/09/2025

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3. Ms.Roma Fidelis, learned Advocate appearing for the respondent wife has submitted that the wife is also aggrieved by the judgment and has preferred first appeal which, is well within time; however, the explanation offered does not appear to be bona fide as the applicant-appellant could have taken immediate steps against the judgment for which, he is aggrieved. However, it is left to the court to pass appropriate orders.

4. After the judgment was pronounced, steps have been taken. In the interregnum, the explanation offered is that the parents of the applicant were aged and were suffering from health issues. The father of the applicant was hospitalized and has undertaken medical treatment. In the process, there occurred a delay of 282 days.

5. Having regard to the averments made so also the oral submissions and explanation offered, this Court, is of the opinion that delay of 282 days caused in filing the captioned appeal deserves to be condoned and is hereby condoned.

6. Civil application succeeds and is accordingly allowed. Rule is made absolute. No order as to costs.

(SANGEETA K. VISHEN,J)

(NISHA M. THAKORE,J) SINDHU NAIR