High Court of Gujarat

VIDHYABEN GIRISHBHAI SOLANKIversusGIRISHBHAI RAMANBHAI SOLANKI

Disposal: 38-RULE ABSOLUTE/ALLOWED @ FH
Bench: P M RAVAL

Holding

The court held that the 39‑day delay is condoned under section 5 of the Limitation Act.

Summary

The petitioners Vidhyaben Girishbhai Solanki and another filed an application under section 5 of the Limitation Act seeking condonation of a 39‑day delay in filing a criminal revision application. The court noted that the respondent's counsel, Mr. Chirag Brahmbhatt, had indicated an intention to appear but was absent when the matter was called. The petitioners submitted a memorandum explaining the reasons for the delay. After hearing the petitioners, the court found the explanation satisfactory and exercised its discretion to condone the delay. Consequently, the application was allowed and the delay was formally condoned.

Issues considered

Whether a delay of 39 days in filing a revision application can be condoned under section 5 of the Limitation Act

Legislation cited

Limitation Acts. 5

Subjects

condonation of delayLimitation Actsection 5revision applicationcriminal procedure

Judgment

     R/CR.MA/25267/2025                                       ORDER DATED: 06/03/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
                        25267 of 2025

             In F/CRIMINAL REVISION APPLICATION/47452/2025

==========================================================
                    VIDHYABEN GIRISHBHAI SOLANKI & ANR.
                                   Versus
                    GIRISHBHAI RAMANBHAI SOLANKI & ANR.
==========================================================
Appearance:
MR BHARGAV P DANGAR(10685) for the Applicant(s) No. 1,2
MR.HITENDRA D RAJPUT(7224) for the Applicant(s) No. 1,2
NOTICE SERVED for the Respondent(s) No. 1
ROHAN SHAH, APP for the Respondent(s) No. 2
==========================================================

 CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL

                                Date : 06/03/2026

                                 ORAL ORDER


1.      On the last occasion, i.e. 17.02.2026, learned advocate
Mr. Chirag Brahmbhatt informed the Court that he had
instructions to appear on behalf of Respondent No.1 and that
he would be filing his Vakalatnama. However, when the matter
is called out today, the board does not reflect his name.
Neither       the     learned   advocate          nor   the     respondent          Mr.
Girishbhai is present before the Court.


2.      Heard learned advocate for the applicant.


3.      By this application under section 5 of the Limitation Act,
the applicant seeks condonation of delay of 39 days caused in
filing the captioned revision application.



                                    Page 1 of 2
        R/CR.MA/25267/2025                                                      ORDER DATED: 06/03/2026




  3.1       Rule. Learned APP waives service of rule on behalf of the
  respondent - State.


  4.        Having heard and considering the averments made in
  the memorandum of application, the Court is of the view that
  the delay that has occasioned in preferring the revision
  application has been sufficiently explained. The application,
  therefore, succeeds and is, accordingly, allowed. The delay
  caused in filing the revision application is hereby condoned.
  Rule is made absolute accordingly.



                                                                                        (P. M. RAVAL, J)
  MOHD SAIF ULLAH



Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MOHD SAIF ULLAH(HC02372), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 06/03/2026 15:00:59




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