High Court of Gujarat

RAMANBHAI N VANZARAversusMANKI SAFURA ISHAQBHAI

Disposal: 33-CA DISPOSED OF
Bench: HASMUKH D SUTHAR

Holding

The delay of 85 days is condoned under Section 5 of the Limitation Act.

Summary

The applicant filed an application under Section 5 of the Limitation Act seeking condonation of an 85‑day delay in filing an appeal. The respondents did not appear despite being served. The court examined the reasons for delay as set out in paragraphs 9‑11 of the application and found them sufficient. Relying on the Supreme Court decision in N. Balakrishnan v. N. Krishnamurthy (AIR 1998 3222), the court held that the delay could be condoned. Consequently, the application for condonation was allowed.

Issues considered

Whether an 85‑day delay in filing an appeal can be condoned under Section 5 of the Limitation Act
Whether the reasons provided constitute sufficient cause as per precedent

Legislation cited

Limitation Acts. 5

Subjects

condonation of delayLimitation ActSection 5appealGujarat High Court

Judgment

            C/CA/4685/2025                                                ORDER DATED: 03/02/2026




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
      R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 4685 of
                                     2025
                        In F/FIRST APPEAL/26791/2025
    ==========================================================
                                 RAMANBHAI N VANZARA
                                         Versus
                              MANKI SAFURA ISHAQBHAI & ORS.
    ==========================================================
    Appearance:
    NISHIT A BHALODI(9597) for the Applicant(s) No. 1
    NOTICE SERVED for the Respondent(s) No. 1,2
    NOTICE UNSERVED for the Respondent(s) No. 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 respondent No.1 and 2.


    2.       This application is filed under Section 5 of the Limitation
    Act for condonation of delay of 85 days caused in filing the
    appeal on the ground mentioned in paragraph No.9 to 11 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 85 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 14:14:57
                                                  Page 1 of 1

Search Indian case law

Ask in plain English, not just keywords. 25,000 AI words free, no card.

Try "condonation of delay"Sign in to search