C/CA/1660/2025 ORDER DATED: 08/12/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1660 of 2025 In F/FIRST APPEAL NO. 36171 of 2024 ========================================================== KANUBHAI HIRABHAI PATEL Versus TRIBHUVAN SHIVADHANI MORYA & ORS. ========================================================== Appearance: MR NISHIT A BHALODI(9597) for the Applicant(s) No. 1 MR MAULIK M SONI(7249) for the Respondent(s) No. 1 MS AMI N BHATT(3372) for the Respondent(s) No. 3 RULE SERVED for the Respondent(s) No. 2 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 08/12/2025 ORAL ORDER [1.0] This application is 4led under Section 5 of the Limitation Act for condonation of delay of 28 days caused in 4ling the First Appeal. [2.0] Though served, respondent No.2 has chosen not to appear before this Court. [3.0] It is submitted by the learned advocate for the applicant that the applicant could not 4le the First Appeal in timely fashion because of the reasons mentioned in the application and therefore, has requested to condone the delay caused in 4ling the First Appeal. [4.0] Learned advocate for respective respondents have vehemently opposed the present application. Page 1 of 2 C/CA/1660/2025 ORDER DATED: 08/12/2025 [5.0] Considering the submissions made by the learned advocates for the respective parties, the applicant has mentioned su>cient cause for condonation of delay. The primary function of the Court is to adjudicate the dispute between the parties and to advance substantial justice. Rules of limitation are not meant to destroy the rights of parties. The Court is aware of the fact that denial to condone the delay would mean to dismiss the First Appeal at threshold and there is no presumption that the delay caused by the applicant is deliberate. In view thereof, the words ‘su>cient cause’ under Section 5 of the Limitation Act should receive a liberal consideration so as to advance substantial justice. Even reason stated appears to be bona4de and genuine. There is no smack of mala4de or dilatory tactics on the part of the applicant. Further, it is apposite to refer to the decision of the Hon’ble Apex Court in the case of N. Balakrishnan v. N. Krishnamurthy reported in (1998) 7 SCC 123. [6.0] In view of the above, the delay of 28 days as explained in memo of the application is condoned. The application is accordingly allowed. (HASMUKH D. SUTHAR, J.) Ajay Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: AJAY CHANDRAN MENON(HC00939), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 08/12/2025 15:04:44