High Court of Gujarat

RAMANBHAI N. VANZARAversusISHAQBHAI ABDULAJI MANKI

Disposal: 33-CA DISPOSED OF
Bench: HASMUKH D SUTHAR

Holding

The court held that the 85‑day delay is condonable under Section 5 of the Limitation Act.

Summary

The applicant, Ramanbhai N. Vanzara, filed a petition under Section 5 of the Limitation Act seeking condonation of an 85‑day delay in filing an appeal. The appeal was delayed due to reasons detailed in paragraphs 8‑10 of the application. No respondents appeared before the court despite notice being served. The court examined the applicant’s explanation and, relying on the precedent set in N. Balakrishnan v. N. Krishnamurthy (AIR 1998 3222), found sufficient cause to condone the delay. Consequently, the application for condonation was allowed, permitting the appeal to proceed.

Issues considered

Whether the 85‑day delay in filing the appeal can be condoned under Section 5 of the Limitation Act.

Legislation cited

Limitation Acts. 5

Subjects

condonation of delayLimitation ActSection 5appealcivil procedureHigh Court of Gujarat

Judgment

          C/CA/4680/2025                                                ORDER DATED: 03/02/2026




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
  R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 4680 of
                                 2025
                    In F/FIRST APPEAL/26797/2025
==========================================================
                               RAMANBHAI N. VANZARA
                                       Versus
                           ISHAQBHAI ABDULAJI MANKI & ORS.
==========================================================
Appearance:
NISHIT A BHALODI(9597) for the Applicant(s) No. 1
NOTICE SERVED for the Respondent(s) No. 1,2,3
NOTICE UNSERVED for the Respondent(s) No. 4
==========================================================
  CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                          Date : 03/02/2026
                                           ORAL ORDER

1.         Heard learned advocates for the respective parties. Though
served, none appears for respondent No.1 to 3.


2.         This application is filed under Section 5 of the Limitation
Act for condonation of delay of 85 days caused in filing the
appeal on the ground mentioned in paragraph No.8 to 10 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 85 days as explained by
the learned advocate for the applicant is considered. The
application is accordingly allowed.


                                                                     (HASMUKH D. SUTHAR,J)
ALI


      Original copy of this order has been signed by the Hon'ble Judge.
      Digitally signed by: ISTAYAK ALI(HC01093), PRIVATE SECRETARY, at High Court of Gujarat on 03/02/2026 14:16:04


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