High Court of Gujarat

KULDIP KANUBHAI PANCHALversusUDESANGBHAI GAFURBHAI KO PATEL(DHHUVANA)

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

Holding

The delay of 1,177 days is condoned under Section 5 of the Limitation Act, subject to the condition that interest cannot be claimed on any future award.

Summary

The applicant filed an application under Section 5 of the Limitation Act seeking condonation of a 1,177‑day delay in filing an appeal. The court noted that the delay was explained in the application and that sufficient cause was shown. Relying on the Supreme Court decision in N. Balakrishnan v. N. Krishnamurthy (AIR 1998 3222), the judge held that the delay could be condoned. The application was allowed, but the court imposed a condition that the applicant cannot claim interest on any future award or compensation. No other substantive issues were raised.

Issues considered

Whether a delay of 1,177 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 5interestappeal

Judgment

        C/CA/3608/2025                                                 ORDER DATED: 03/02/2026




               IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
    R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 3608 of 2025
                         In F/FIRST APPEAL/20373/2025
==========================================================
                          KULDIP KANUBHAI PANCHAL
                                      Versus
           UDESANGBHAI GAFURBHAI KO PATEL(DHHUVANA) & ORS.
==========================================================
Appearance:
MR H M SHAH(3997) for the Applicant(s) No. 1
LEEN K DAVE(9559) for the Respondent(s) No. 4
NOTICE SERVED for the Respondent(s) No. 2,3
UNSERVED EXPIRED (N) 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. Though
served, none appears for respondent No.2 and 3.


2.       This application is filed under Section 5 of the Limitation
Act for condonation of delay of 1177 days caused in filing the
appeal on the ground mentioned in para 2 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 1177 days as explained
by the learned advocate for the applicant is considered. The
application is accordingly allowed subject to the condition that in
the event any award or compensation is passed in favour of the
applicant in future, the applicant shall not be entitled to claim
interest for the aforesaid period


                                                                   (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 14:26:02

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