C/CA/1704/2025 ORDER DATED: 03/02/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1704 of 2025 In F/FIRST APPEAL/5264/2025 ========================================================== GITABEN DUSHYANTBHAI RATHOD & ORS. Versus JITENDRASINH LILUBHA GOHIL & ANR. ========================================================== Appearance: NISHIT A BHALODI(9597) for the Applicant(s) No. 1,2,3,4,5 MR. ALKESH N SHAH(3749) for the Respondent(s) No. 2 RULE UNSERVED for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 03/02/2026 ORAL ORDER 1. Heard learned advocates for the respective parties. 2. This application is filed under Section 5 of the Limitation Act for condonation of delay of 78 days caused in filing the appeal on the ground mentioned in paragraph No.6 and 7 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 78 days as explained by the learned advocate for the applicant is considered. The application is accordingly allowed. (HASMUKH D. SUTHAR,J) ALI