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2026 DAILYLAW 6462 (GUJ)

DHARMENDRA RAMBHAI JADAV v. HEIRS OF DECD. MILANBHAI KANUBHAI BAMBHANIYA

CA/6119/2025 · 2026-01-05

Hasmukh D Suthar

body2026

Judgment text

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C/CA/6119/2025 ORDER DATED: 05/01/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 6119 of 2025 In F/MISC. CIVIL APPLICATION/32236/2025 In F/CIVIL APPLICATION/9407/2025 In F/FIRST APPEAL/9118/2025 ========================================================== DHARMENDRA RAMBHAI JADAV Versus HEIRS OF DECD. MILANBHAI KANUBHAI BAMBHANIYA & ORS. ========================================================== Appearance: MR PRATIK Y JASANI(5325) for the Applicant(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 05/01/2026 ORAL ORDER 1. Heard learned advocate for the applicant. 2. This application is filed under Section 5 of the Limitation Act for condonation of delay of 116 days caused in filing the restoration application on the ground that the applicant could not arrange the amount for payment of court fees in time. 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 116 days as explained by the learned advocate for the applicant is considered. The application is accordingly allowed. (HASMUKH D. SUTHAR,J) ALI