High Court of Gujarat

GITABEN DUSHYANTBHAI RATHODversusJITENDRASINH LILUBHA GOHIL

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

Holding

The delay of 78 days is condoned as sufficient cause is shown, in line with the precedent set in N. Balakrishnan v. N. Krishnamurthy.

Summary

The petitioners filed an application under Section 5 of the Limitation Act seeking condonation of a 78‑day delay in filing their appeal. They pleaded sufficient cause for the delay, citing the Supreme Court decision in N. Balakrishnan v. N. Krishnamurthy (AIR 1998 3222). The Court examined the affidavits and heard counsel for both sides. Finding that the petitioners had established a satisfactory explanation, the Court applied the precedent and held that the delay could be condoned. Consequently, the application for condonation of delay was allowed.

Issues considered

Whether a delay of 78 days in filing an appeal can be condoned under Section 5 of the Limitation Act.

Legislation cited

Limitation Acts. 5

Subjects

condonation of delayLimitation ActSection 5appealSupreme Court precedent

Judgment

        C/CA/1704/2025                                                 ORDER DATED: 03/02/2026




               IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
     R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1704 of 2025
                          In F/FIRST APPEAL/5264/2025
 ==========================================================
                   GITABEN DUSHYANTBHAI RATHOD & ORS.
                                       Versus
                     JITENDRASINH LILUBHA GOHIL & ANR.
 ==========================================================
 Appearance:
 NISHIT A BHALODI(9597) for the Applicant(s) No. 1,2,3,4,5
 MR. ALKESH N SHAH(3749) for the Respondent(s) No. 2
 RULE UNSERVED for the Respondent(s) No. 1
 ==========================================================
    CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                          Date : 03/02/2026
                                           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 78 days caused in filing the
 appeal on the ground mentioned in paragraph No.6 and 7 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 78 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 14:25:01




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