High Court of Gujarat

CHANDRIKABEN W/O JAYESHBHAI SOLANKI D/O NARSIBHAI HARJIBHAI RATHODversusJAYESHBHAI MANJIBHAI SOLANKI

Disposal: 53-ALLOWED / GRANTED @ ADM.STAGE
Bench: ILESH VORAR T VACHHANI

Holding

The delay of 308 days in preferring the appeal is condoned.

Summary

The wife (applicant) filed a condonation of delay application seeking permission to file an appeal 308 days after the prescribed period. The husband (respondent) indicated that he would pay the permanent alimony within a month. The court heard counsel for both sides and examined the reasons for the delay. Finding that the applicants had established sufficient cause, the judges held that the delay should be condoned. Consequently, the application for condonation was allowed, permitting the appeal to proceed.

Issues considered

Whether a delay of 308 days in preferring an appeal can be condoned under the applicable procedural law

Subjects

condonation of delaycivil procedureappealalimonyfamily law

Judgment

       C/CA/2856/2026                              ORDER DATED: 09/07/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 2856 of
                            2026

                        In F/FIRST APPEAL/19504/2026

==========================================================
CHANDRIKABEN W/O JAYESHBHAI SOLANKI D/O NARSIBHAI HARJIBHAI
                        RATHOD
                         Versus
              JAYESHBHAI MANJIBHAI SOLANKI
==========================================================
Appearance:
MR CHINTAN M ADESHARA(12794) for the Applicant(s) No. 1
MR PUNIT R DAVE(11920) for the Applicant(s) No. 1
MS KIRAN R UDASI(12127) for the Applicant(s) No. 1
MR.DIPAK B PATEL(3744) for the Respondent(s) No. 1
==========================================================

     CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
           and
           HONOURABLE MR. JUSTICE R. T. VACHHANI

                              Date : 09/07/2026

                        ORAL ORDER
 (PER : HONOURABLE MR. JUSTICE ILESH J. VORA)


1.      Learned advocate Mr.Dipak B.Patel appearing for the respondent
        husband, upon instructions, states that within one month the
        amount of permanent alimony will be honoured to the appellant
        wife.
2.      By this application, the applicants have prayed for condonation of
        delay of 308 days in preferring captioned appeal.
3.      Having heard learned counsel for the respective parties and
        considering the averments made in the application, the applicants
        have established sufficient cause and therefore, delay as mentioned



                                  Page 1 of 2
         C/CA/2856/2026                                                    ORDER DATED: 09/07/2026




          in the delay condonation application, in preferring the captioned
          appeal deserves to be condoned and is hereby condoned.
 4.       Accordingly, the present application is allowed in above terms.



                                                                                  (ILESH J. VORA,J)



                                                                                (R. T. VACHHANI, J)
 H.M. PATHAN




Original copy of this order has been signed by the Hon'ble Judges.
Digitally signed by: HABIBULLAKHAN MOHAMMADKHAN PATHAN(HC00167), GOV, at High Court of Gujarat on 09/07/2026 16:57:09




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