Maheshbhai Babubhai Parmar vs Shanabhai Madhabhai Chavda
2026 Latest Caselaw 578 Guj

Gujarat High Court

Maheshbhai Babubhai Parmar vs Shanabhai Madhabhai Chavda on 17 February, 2026

                                                                                                           NEUTRAL CITATION




                               C/CA/1397/2025                              ORDER DATED: 17/02/2026

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                                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                           R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1397 of 2025
                                               In F/FIRST APPEAL/4564/2025
                       ==========================================================
                                             MAHESHBHAI BABUBHAI PARMAR
                                                           Versus
                                         SHANABHAI MADHABHAI CHAVDA & ORS.
                       ==========================================================
                       Appearance:
                       MR DARSHIL S SHAH(9962) for the Applicant(s) No. 1
                       MS KIRTI S PATHAK(9966) for the Respondent(s) No. 3
                       RULE SERVED for the Respondent(s) No. 1,2
                       ==========================================================
                          CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                                      Date : 17/02/2026
                                                       ORAL ORDER

1. Heard learned advocates for the respective parties. Though served, none appears for respondent No.1 and 2.

2. This application is filed under Section 5 of the Limitation Act for condonation of delay of 383 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 383 days as explained by the learned advocate for the applicant is considered. The application is accordingly allowed subject to the condition that in the event any award or compensation is passed in favour of the applicant in future, the applicant shall not be entitled to claim interest for the aforesaid period. Rule is made absolute accordingly.

(HASMUKH D. SUTHAR,J) ALI