Prakashbhai Arvindbhai Baraiya vs Kamleshkumar Vaghjibhai Marwadi
2026 Latest Caselaw 764 Guj

Gujarat High Court

Prakashbhai Arvindbhai Baraiya vs Kamleshkumar Vaghjibhai Marwadi on 24 February, 2026

                                                                                                                    NEUTRAL CITATION




                              C/CA/146/2026                                        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. 146
                                               of 2026

                                              In F/FIRST APPEAL/39020/2025

                      ==============================================
                                      PRAKASHBHAI ARVINDBHAI BARAIYA
                                                     Versus
                                  KAMLESHKUMAR VAGHJIBHAI MARWADI & ORS.
                      ==============================================
                      Appearance:
                      NISHIT A BHALODI(9597) for the Applicant(s) No. 1
                      HARSH A VYAS(9330) for the Respondent(s) No. 3
                      NOTICE SERVED for the Respondent(s) No. 1,2
                      ==============================================
                        CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                                        Date : 24/02/2026
                                                          ORAL ORDER

1. Heard learned Advocates for the applicant and respondent no.3.

The respondent nos.1 and 2 are duly served but remained absent.

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

condonation of delay of 52 days caused in filing the captioned appeal on

the ground of obtaining necessary papers and to arrange for other

expenses the delay has been occurred.

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 52 days as explained by the

learned advocate for the applicant is considered. The application is

accordingly allowed.

(HASMUKH D. SUTHAR,J) ANKIT JANSARI