Mumtajbanu Altafhusen Malek vs Shahidbhai Ahemadbhai Kushkiwala
2026 Latest Caselaw 483 Guj

Gujarat High Court

Mumtajbanu Altafhusen Malek vs Shahidbhai Ahemadbhai Kushkiwala on 10 February, 2026

                                                                                                           NEUTRAL CITATION




                               C/CA/6078/2025                              ORDER DATED: 10/02/2026

                                                                                                           undefined




                                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                          R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 6078 of
                                                         2025
                                            In F/FIRST APPEAL/34294/2025
                       ==========================================================
                                         MUMTAJBANU ALTAFHUSEN MALEK & ORS.
                                                        Versus
                                       SHAHIDBHAI AHEMADBHAI KUSHKIWALA & ORS.
                       ==========================================================
                       Appearance:
                       K R PATEL(7601) for the Applicant(s) No. 1,2,3,4,5
                       MR VAIBHAV N SHETH(5337) for the Applicant(s) No. 1,2,3,4,5
                       MASUMI V NANAVATY(9321) for the Respondent(s) No. 6
                       MR VIBHUTI NANAVATI(513) for the Respondent(s) No. 6
                       NOTICE SERVED for the Respondent(s) No. 1,2,3,5
                       ==========================================================
                          CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                                      Date : 10/02/2026
                                                       ORAL ORDER

1. Heard learned advocates for the respective parties.

2. This application is filed under Section 5 of the Limitation Act for condonation of delay of 12 days caused in filing the appeal on the ground mentioned in para 3 of the application.

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 3222, therefore, the delay of 12 days as explained by the learned advocate for the applicant is considered. The application is accordingly allowed.

(HASMUKH D. SUTHAR,J) ALI