Bhalkiben Ramjibhai Bhoya vs Mohammad Manan Hiday Tullakhan
2026 Latest Caselaw 761 Guj

Gujarat High Court

Bhalkiben Ramjibhai Bhoya vs Mohammad Manan Hiday Tullakhan on 24 February, 2026

                                                                                                                  NEUTRAL CITATION




                              C/CA/121/2026                                      ORDER DATED: 24/02/2026

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                                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 121
                                               of 2026

                                              In F/FIRST APPEAL/36005/2025

                      ==============================================
                                     BHALKIBEN RAMJIBHAI BHOYA & ORS.
                                                     Versus
                                  MOHAMMAD MANAN HIDAY TULLAKHAN & ORS.
                      ==============================================
                      Appearance:
                      MR.HIREN M MODI(3732) for the Applicant(s) No. 1,2,3,4
                      MR CHIRAYU A MEHTA(3256) for the Respondent(s) No. 3
                      NOTICE NOT RECD BACK for the Respondent(s) No. 1,2
                      ==============================================

                           CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                                        Date : 24/02/2026

                                                             ORAL ORDER

1. Heard learned advocate for the applicants and learned Advocate for

the respondent no.3.

2. This application is filed under Section 5 of the Limitation Act for condonation of delay of 796 days caused in filing the captioned appeal on

the ground that the applicants were not aware about the order and the

Advocate also tried to inform them but due to communication gap and due

to some earning purpose the applicants have left the residence for almost

2 years. Further the family of the applicants were facing great financial

crises.

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

NEUTRAL CITATION

C/CA/121/2026 ORDER DATED: 24/02/2026

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COURT 3222, therefore, the delay of 796 days as explained by the

learned advocate for the applicants is considered on condition that

applicants shall not be entitled to the interest for the interregnum period

of delay, if in case the applicant succeed in appeal. The application is

accordingly allowed.

(HASMUKH D. SUTHAR,J)

ANKIT JANSARI