High Court of Gujarat

MANJULABEN NARENDRABHAI JADAVversusAMITBHAI DINESHBHAI JADAV

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

Holding

The delay of 87 days is condonable under Section 5 of the Limitation Act.

Summary

The petitioners, Manjulaben Narendrabhai Jadav and another, filed an application under Section 5 of the Limitation Act seeking condonation of an 87‑day delay in filing their appeal. The respondents, Amitbhai Dineshbhai Jadav and others, were served but did not appear for respondents No. 1‑3. The court examined the reasons for delay as set out in paragraphs 3‑4 of the application and, relying on the precedent set in N. Balakrishnan v. N. Krishnamurthy (AIR 1998 3222), found that sufficient cause existed. Consequently, the court granted the condonation of delay, allowing the appeal to proceed. The order was signed by Justice Hasmukh D. Suthar.

Issues considered

Whether an 87‑day delay in filing an appeal can be condoned under Section 5 of the Limitation Act.

Legislation cited

Limitation Acts. 5

Subjects

condonation of delayLimitation ActSection 5appealCivil ProcedureGujarat High Court

Judgment

             C/CA/2978/2025                                                 ORDER DATED: 03/02/2026




                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
          R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 2978 of 2025
                              In F/FIRST APPEAL/11724/2025
      ==========================================================
                       MANJULABEN NARENDRABHAI JADAV & ANR.
                                            Versus
                          AMITBHAI DINESHBHAI JADAV & ORS.
      ==========================================================
      Appearance:
      NISHIT A BHALODI(9597) for the Applicant(s) No. 1,2
      MR NIRAV C SANGHAVI(5950) for the Respondent(s) No. 4,5,6
      MS AMI N BHATT(3372) for the Respondent(s) No. 7
      NOTICE SERVED for the Respondent(s) No. 1,2,3
      ==========================================================
         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 respondnet No.1 to 3.


      2.       This application is filed under Section 5 of the Limitation
      Act for condonation of delay of 87 days caused in filing the
      appeal on the ground mentioned in paragraph No.3 and 4 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 87 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 14:25:36




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