High Court of Gujarat

DANUMAL FOTUMAL BHIMANI (DECEASED)versusGANGARAM KOZAMAL POPAT

Disposal: 53-ALLOWED / GRANTED @ ADM.STAGE
Bench: C DOSHI

Holding

The court held that the delay is condoned and the application is allowed.

Summary

The petitioners, Danumal Fotumal Bhimani (deceased) and an associate, filed an application seeking condonation of delay in preferring the main civil suit against the respondents, Gangaram Kozamal Popat and others. The application was presented before the High Court of Gujarat, Ahmedabad, and was argued by Mr. Karan K. Paul on behalf of the petitioners. The respondents were represented by Mr. Premal S. Rachh. The court examined the averments made in the application regarding the reasons for the delay. Finding the explanations satisfactory, the court allowed the application and ordered that the delay in filing the main matter be condoned. Consequently, the main suit may now proceed despite the lapse of the prescribed period.

Issues considered

Whether the delay in preferring the main civil suit can be condoned under the provisions of the Civil Procedure Code

Subjects

condonation of delaycivil procedureHigh Court orderapplication for condonation

Judgment

           C/CA/1488/2026                                                          ORDER DATED: 09/04/2026




                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1488 of
                                2026

                           In F/MISC. CIVIL APPLICATION/9296/2026
                         In R/CIVIL REVISION APPLICATION/469/2017

  ==========================================================
                   DANUMAL FOTUMAL BHIMANI (DECEASED) & ANR.
                                    Versus
                       GANGARAM KOZAMAL POPAT & ORS.
  ==========================================================
  Appearance:
  MR KARAN K PAUL(11611) for the Applicant(s) No. 1,2
  MR PREMAL S RACHH(3297) for the Respondent(s) No. 1,4,5
  ==========================================================

     CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                                Date : 09/04/2026

                                                        ORDER


            Considering the averments made in the application, the
  same is allowed and delay caused in preferring main matter
  stands condoned.



                                                                                                  (J. C. DOSHI,J)
  SHEKHAR P. BARVE


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SHEKHAR PRAFULBHAI BARVE(HC00200), Principal Pvt. Secretary, at High Court of Gujarat on 09/04/2026 15:51:21




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