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2026 DAILYLAW 6163 (GUJ)

RAMANBHAI N. VANZARA v. ANISA ANWAR MENDA

CA/4681/2025 · 2026-02-03

Hasmukh D Suthar

body2026

Judgment text

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C/CA/4681/2025 ORDER DATED: 03/02/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 4681 of 2025 In F/FIRST APPEAL/26777/2025 ========================================================== RAMANBHAI N. VANZARA Versus ANISA ANWAR MENDA & ORS. ========================================================== Appearance: NISHIT A BHALODI(9597) for the Applicant(s) No. 1 NOTICE SERVED for the Respondent(s) No. 1,2 NOTICE UNSERVED for the Respondent(s) No. 3 ========================================================== 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 2. 2. This application is filed under Section 5 of the Limitation Act for condonation of delay of 2601 days caused in filing the appeal on the ground mentioned in para 9 to 11 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 2601 days as explained by the learned advocate for the applicant is considered. The application is accordingly allowed subject to the condition that in the event any award or compensation is passed in favour of the applicant in future, the applicant shall not be entitled to claim interest for the aforesaid period. (HASMUKH D. SUTHAR,J) ALI