Hirabhai Bhaylabhai Patel vs Kusumben Wd/O. Anilkumar Chauhan
2026 Latest Caselaw 493 Guj

Gujarat High Court

Hirabhai Bhaylabhai Patel vs Kusumben Wd/O. Anilkumar Chauhan on 10 February, 2026

                                                                                                                   NEUTRAL CITATION




                             C/CA/6053/2025                                        ORDER DATED: 10/02/2026

                                                                                                                   undefined




                                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 6053
                                               of 2025

                                  In F/FIRST APPEAL/10397/2025
                      ==============================================
                                     HIRABHAI BHAYLABHAI PATEL
                                               Versus
                              KUSUMBEN WD/O. ANILKUMAR CHAUHAN & ORS.
                      ==============================================
                      Appearance:
                      MR AADITYA P DAVE(11461) for the Applicant(s) No. 1
                      MR HITESHKUMAR P VACHHANI(12555) for the Applicant(s) No. 1
                      MR. MAULIK M SONI(7249) for the Respondent(s) No. 1,2,3,4,5
                      ==============================================
                        CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                                        Date : 10/02/2026
                                                          ORAL ORDER

1. Heard learned Advocates for the applicant and respondents.

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

condonation of delay of 70 days caused in filing the captioned appeal on

the ground that wife of the applicant was suffering from ailments and

undergone a surgery and they are resident of Dahod and had to seek legal

advice at Ahmedabad, such commutation could not be undertaken easily.

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 70 days as explained by the

learned advocate for the applicant is considered. The application is

accordingly allowed.

(HASMUKH D. SUTHAR,J) ANKIT JANSARI