High Court of Gujarat

ABDULSHA RAMJUSHA FAKIRversusVINODBHAI RAMESHBHAI KUVARIYA

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

Holding

The delay of 17 days is condoned, and the application for condonation is allowed.

Summary

The petitioners Abdulsha Ramjusha Fakir & Ors. filed an application under Section 5 of the Limitation Act seeking condonation of a 17‑day delay in filing their appeal. The respondents Vinodbhai Rameshbhai Kuvariya & Ors. were served, but respondents No.1 and No.5 did not appear. The court examined the reasons for the delay as explained by the petitioners' counsel and found them satisfactory. Relying on the precedent set in N. Balakrishnan v. N. Krishnamurthy (AIR 1998 3222), the judge held that the delay could be condoned. Consequently, the application for condonation was allowed, permitting the appeal to proceed.

Issues considered

Whether the 17‑day delay in filing the appeal can be condoned under Section 5 of the Limitation Act

Legislation cited

Limitation Acts. 5

Subjects

condonation of delayLimitation ActSection 5appealcivil procedureprecedent

Judgment

          C/CA/5381/2025                                                 ORDER DATED: 03/02/2026




                 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
    R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 5381 of 2025
                       In F/FIRST APPEAL/31451/2025
==========================================================
                    ABDULSHA RAMJUSHA FAKIR & ORS.
                                    Versus
                 VINODBHAI RAMESHBHAI KUVARIYA & ORS.
==========================================================
Appearance:
KAASH K THAKKAR(7332) for the Applicant(s) No. 1,2,3
MR KK THAKKAR(2834) for the Applicant(s) No. 1,2,3
MASUMI V NANAVATY(9321) for the Respondent(s) No. 2
MR VIBHUTI NANAVATI(513) for the Respondent(s) No. 2
NOTICE SERVED for the Respondent(s) No. 1,5
NOTICE THROUGH SPEED POST SERVED for the Respondent(s) No. 3,4
==========================================================
   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 5.


2.         This application is filed under Section 5 of the Limitation
Act for condonation of delay of 17 days caused in filing the
appeal.


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 17 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 14:20:49



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