High Court of Gujarat

VALJIBHAI GANDUBHAI LUNAGARIYAversusJOSEPH TENAPILLI POL

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

Holding

The court held that the 129‑day delay is condoned under Section 5 of the Limitation Act.

Summary

The petitioners filed an application under Section 5 of the Limitation Act seeking condonation of a 129‑day delay in filing their appeal. They pleaded specific grounds for the delay as set out in paragraphs 4 and 5 of the application. The court heard counsel for both sides and examined whether sufficient cause was shown. Relying on the precedent set in N. Balakrishnan v. N. Krishnamurthy (AIR 1998 3222), the judge found the cause adequate. Consequently, the court allowed the application and granted condonation of the delay.

Issues considered

Whether a delay of 129 days in filing an appeal can be condoned under Section 5 of the Limitation Act
Whether the petitioners have shown sufficient cause for the delay

Legislation cited

Limitation Acts. 5

Subjects

condonation of delayLimitation ActSection 5appealcivil procedure

Judgment

      C/CA/4187/2025                                                 ORDER DATED: 03/02/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
    R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 4187 of 2025
                        In F/FIRST APPEAL/22374/2025
==========================================================
                 VALJIBHAI GANDUBHAI LUNAGARIYA & ORS.
                                    Versus
                        JOSEPH TENAPILLI POL & ANR.
==========================================================
Appearance:
MR. HEMAL SHAH(6960) for the Applicant(s) No. 1,2,3
ORTIS LAW OFFICES(12342) for the Applicant(s) No. 1,2,3
HARSH A VYAS(9330) for the Respondent(s) No. 2
NOTICE 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 129 days caused in filing the
appeal on the ground mentioned in paragraph No.4 and 5 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 129 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 14:26:38




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