The New India Assurance Co. Ltd vs Legal Heirs Of Deceased Mohanbhai ...
2026 Latest Caselaw 763 Guj

Gujarat High Court

The New India Assurance Co. Ltd vs Legal Heirs Of Deceased Mohanbhai ... on 24 February, 2026

                                                                                                                      NEUTRAL CITATION




                              C/CA/137/2026                                          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.
                                                137 of 2026

                                              In F/FIRST APPEAL/35922/2025

                                                   With
                                  R/CIVIL APPLICATION NO. 138 of 2026
                                                     In
                                   F/FIRST APPEAL NO. 35923 of 2025
                      ============================================
                                    THE NEW INDIA ASSURANCE CO. LTD.
                                                   Versus
                       LEGAL HEIRS OF DECEASED MOHANBHAI HARIJI SOLANKI (THAKOR)
                                                  & ORS.
                      ============================================
                      Appearance:
                      MANDEEP SINGH SALUJA(8791) for the Applicant(s) No. 1
                      DECEASED LITIGANT for the Respondent(s) No. 1
                      NOTICE SERVED for the Respondent(s) No. 1.1,1.2,2,3,5
                      NOTICE THROUGH SPEED POST SERVED for the Respondent(s) No. 4
                      ============================================

                           CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                                        Date : 24/02/2026

                                                     COMMON ORAL ORDER

Since both the applications for condonation of delay are arising

out of the common judgment, the same have been heard together and

disposed of by this common order.

1. Heard learned Advocate for the applicants. The respondent

nos.1.1, 1.2, 2 to 5 are duly served but remained absent.

2. These applications are filed under Section 5 of the Limitation Act

for condonation of delay of 23 days caused in filing the captioned

appeals on the ground of administrative approval and other

NEUTRAL CITATION

C/CA/137/2026 ORDER DATED: 24/02/2026

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administrative reasons.

3. Having heard the learned advocates for the respective parties

and considering the averments made in these applications, 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 23 days as explained

by the learned advocate for the applicants is considered. Both the

applications are accordingly allowed.

(HASMUKH D. SUTHAR,J)

ANKIT JANSARI