C/CA/2308/2025 ORDER DATED: 16/09/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 2308 of 2025 In F/FIRST APPEAL NO. 12788 of 2025 ========================================================== KALPANABEN BRIJKISHORE GANDHI Versus BHARATKUMAR BABUBHAI PATEL ========================================================== Appearance: DILIPKUMAR U PRAJAPATI(8344) for the Applicant(s) No. 1 MR ASHOK L CHANDAK(3100) for the Applicant(s) No. 1 DEV D PATEL(8264) for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI Date : 16/09/2025 ORAL ORDER Heard learned advocates for the respective parties. Perused the record. 2. This application is filed under Section 5 of the Limitation Act, 1963 for praying to condone the delay of 436 days which has taken place in filing the Appeal. 3. It is submitted by learned advocate for the applicant that the applicant was not aware about the impugned order and further submitted that the reason for delay is attributed was not intentional and hence, the present application may be allowed. 4. Per contra, learned advocate for the respondent has objected in granting application and submitted explanation which has been tendered in the application is not sufficient and, therefore, the application may be rejected. 5. Having considered the contentions and averments made in the application, the delay in preferring the Appeal is not intentional and there is no lethargy or negligence on the part of the applicants. C/CA/2308/2025 ORDER DATED: 16/09/2025 6. In view of the above facts, sufficient cause is made out. Delay is condoned, as prayed for on condition that the applicants shall deposit a cost of Rs.5,000/- (Rupees five thousand only) before the Gujarat High Court Legal Services Committee, Ahmedabad within a period of one week from the date of receipt of copy of this order. 7. The application is allowed. (D. M. DESAI,J) vk Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: VATSAL KOTECHA(HC00352), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 16/09/2025 14:39:35