High Court of Gujarat

AMRUTBHAI KHOYABHAI PRAJAPATIversusBHARTIBEN PRABHAKRBHAI PATIL

Disposal: 53-ALLOWED / GRANTED @ ADM.STAGE
Bench: HASMUKH D SUTHAR

Holding

The delay of 107 days is condoned as sufficient cause is established under Section 5 of the Limitation Act.

Summary

The applicants filed an application under Section 5 of the Limitation Act seeking condonation of a 107‑day delay in filing their appeal. The court examined the reasons for the delay as set out in the application. Relying on the precedent set in N. Balakrishnan v. N. Krishnamurthy (AIR 1998 3222), the judge found that sufficient cause was demonstrated. Consequently, the court held that the delay could be condoned. The application for condonation was therefore allowed, permitting the appeal to proceed.

Issues considered

Whether a delay of 107 days in filing an appeal can be condoned under Section 5 of the Limitation Act
Whether the applicant has shown sufficient cause for the delay

Legislation cited

Limitation Acts. 5

Subjects

condonation of delayLimitation ActSection 5appealcivil procedureGujarat High Court

Judgment

            C/CA/1303/2025                                                 ORDER DATED: 02/02/2026




               IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
       R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1303 of
                                     2025
                         In F/FIRST APPEAL/3214/2025
    ==========================================================
                        AMRUTBHAI KHOYABHAI PRAJAPATI & ANR.
                                       Versus
                         BHARTIBEN PRABHAKRBHAI PATIL & ORS.
    ==========================================================
    Appearance:
    MR SURIL N DESAI(13922) for the Applicant(s) No. 1,2
    RULE SERVED for the Respondent(s) No. 1,2,3,4,5
    ==========================================================
       CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                            Date : 02/02/2026
                                             ORAL ORDER


    1.       Heard learned advocates for the respective parties.


    2.       This application is filed under Section 5 of the Limitation
    Act for condonation of delay of 107 days caused in filing the
    appeal on the ground mentioned in para 3 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 107 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 02/02/2026 18:10:47




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