High Court of Gujarat

RAMANJI BHIKHAJI THAKORE SINCE DECD. SHARDABEN W/O RAMANJI VAGHELA (SINCE DECD.)versusSTATE OF GUJARAT

Disposal: 33-CA DISPOSED OF
Bench: MAULIK SHELAT

Holding

The court condoned the delay in filing the restoration application, subject to a Rs.1,000 deposit by the petitioner.

Summary

The petitioners, represented by Mr. Keyur A. Vyas, filed a civil application seeking condonation of delay for a restoration application that was filed beyond the prescribed time. The respondents, the State of Gujarat and another party, were represented by Mr. Siddharth Rami (AGP) and Mr. Pravin Gondaliya, respectively. The primary issue was whether the court could condone the delay under the applicable provisions of the Civil Procedure Code. After hearing the parties, the court held that the delay could be condoned, subject to the petitioner depositing Rs.1,000 in the Advocate Law Library within a week. Consequently, the application for condonation of delay was allowed, and the rule was made absolute.

Issues considered

Whether the delay in filing the restoration application can be condoned under the provisions of the Civil Procedure Code.

Legislation cited

Code of Civil Procedure, 1908s. Order 5 Rule 1(A), s. Order 5 Rule 1(B)

Subjects

condonation of delaycivil procedurerestoration of suitHigh Court orderRule 5

Judgment

     C/CA/1360/2026                                  ORDER DATED: 22/04/2026




     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO.
                      1360 of 2026
        In F/MISC. CIVIL APPLICATION/7341/2026
      In R/SPECIAL CIVIL APPLICATION/13633/2015
=============================================
 RAMANJI BHIKHAJI THAKORE SINCE DECD. SHARDABEN W/O
         RAMANJI VAGHELA (SINCE DECD.) & ORS.
                        Versus
               STATE OF GUJARAT & ORS.
=============================================
Appearance:
MR KEYUR A VYAS(3247) for the Applicant(s) No. 1,1.1,1.2,1.3,1.4
MR SIDDHARTH RAMI, AGP for the Respondent(s) No. 1
MR PRAVIN GONDALIYA(1974) for the Respondent(s) No. 4
=============================================

 CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT

                             Date : 22/04/2026
                              ORAL ORDER

1.    Rule returnable forthwith. Mr.Siddharth Rami, learned
AGP waives service of Rule for the State opponent. Mr.Pravin
Gondaliya, learned advocate waives service of Rule for
opponent No.4.

2.    Heard           Mr.Keyur   Vyas,     learned   advocate         for      the
applicant, Mr.Rami, learned AGP for the opponent State and
Mr.Pravin Gondaliya, learned advocate for opponent No.4.

3.    Considering the submissions of the learned advocates
for the parties and averments made in the application, the
delay in filing the restoration application is hereby condoned,
on the condition that Rs.1,000/- will be deposited by the
Mr.Vyas, learned advocate with the Gujarat High Court
Advocate Law Library within a week from the date of receipt
of a copy of this order.


                                   Page 1 of 2
           C/CA/1360/2026                                                               ORDER DATED: 22/04/2026




  4.         Subject            to       above           condition,               Civil         Application                for
  condonation of delay is allowed in terms of paragraph 5(A)
  and (B). Rule is made absolute, accordingly.


                                                                                 (MAULIK J. SHELAT, J)
  GAURAV J THAKER
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: GAURAVKUMAR JANARDANBHAI THAKER(HC00951), Principal Pvt. Secretary, at High Court of Gujarat on 22/04/2026 14:26:02




                                                          Page 2 of 2

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