High Court of Gujarat

SAYRA ASHRAFKHAN PATHAN (SAYARABIBI D/O AHMEDBHAI PATEL)versusASHRAFKHAN WAHIDKHAN PATHAN

Disposal: 33-CA DISPOSED OF
Bench: P M RAVAL

Holding

The Court condoned the 36‑day delay, allowing the restoration application.

Summary

The petitioner, Sayra Ashrafkhan Pathan, filed a criminal miscellaneous application under Section 5 of the Limitation Act seeking condonation of a 36‑day delay in filing a restoration application. The application alleged that the delay was sufficiently explained in the accompanying memorandum. The Hon'ble Justice P. M. Raval examined the explanations and the length of the delay. Finding the reasons satisfactory, the Court held that the delay could be condoned. Consequently, the application was allowed and the 36‑day delay was formally condoned.

Issues considered

Whether a delay of 36 days in filing a restoration application can be condoned under Section 5 of the Limitation Act.

Legislation cited

Limitation Acts. 5

Subjects

condonation of delayLimitation ActSection 5restoration applicationcivil procedure

Judgment

     R/CR.MA/14814/2026                          ORDER DATED: 13/07/2026




     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


 R/CRIMINAL MISC. APPLICATION (FOR CONDONATION
               OF DELAY) NO. 14814 of 2026
      In F/CRIMINAL MISC. APPLICATION/18864/2026
      In R/CRIMINAL MISC. APPLICATION/5332/2025
    In F/CRIMINAL REVISION APPLICATION/5734/2025

================================================
     SAYRA ASHRAFKHAN PATHAN (SAYARABIBI D/O
                   AHMEDBHAI PATEL)
                           Versus
       ASHRAFKHAN WAHIDKHAN PATHAN & ORS.
================================================
Appearance:
KHUSHBU H DANECHA(7099) for the Applicant(s) No. 1
O I PATHAN(7684) for the Respondent(s) No. 1,3,4
MR KM ANTANI, APP for the Respondent(s) No. 5
================================================

CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL

                           Date : 13/07/2026

                            ORAL ORDER


1.      By this application under section 5 of the Limitation Act, the
applicant seeks condonation of delay of 36 days caused in filing
the restoration application.


2.      Having heard and considering the averments made in the
memorandum of application as well as the length of delay, the
Court is of the view that the delay that has occasioned in



                                Page 1 of 2
        R/CR.MA/14814/2026                                                            ORDER DATED: 13/07/2026




 preferring the restoration application has been sufficiently
 explained.                 The         application,             therefore,            succeeds            and         is,
 accordingly, allowed. The delay caused in filing the restoration
 application is hereby condoned.


                                                                                            [ P. M. Raval, J. ]
 hiren/4tss13726




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: HIREN VIRENDRABHAI MER(HC00351), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 13/07/2026 14:08:09



                                                       Page 2 of 2

Search Indian case law

Ask in plain English, not just keywords. 25,000 AI words free, no card.

Try "condonation of delay"Sign in to search