BHIKHABHAI JAVANBHAI MALIWADversusDEPUTY EXECUTIVE ENGINEER
- Disposal
- 53-ALLOWED / GRANTED @ ADM.STAGE
Holding
The Court condoned the delay in filing the appeal and made the rule absolute.
Summary
Bhikhabhai Javanbhai Maliwad filed an appeal against the Deputy Executive Engineer but failed to file it within the prescribed period. The applicant sought condonation of the delay, citing that similar delays had been condoned in companion appeals. The respondent, represented by an Additional Government Pleader, waived service of the rule. The Court, noting the precedent of condonation in the related matters and exercising its discretion, ordered that the delay in filing the appeal be condoned. Consequently, the rule was made absolute and the appeal was scheduled for hearing on 21 April 2026.
Issues considered
- Whether the delay in filing the appeal should be condoned in view of the condonation granted in companion appeals.
Subjects
Judgment
C/CA/1692/2026 ORDER DATED: 20/04/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1692 of
2026
In F/LETTERS PATENT APPEAL/7025/2026
In R/SPECIAL CIVIL APPLICATION/13186/2022
==========================================================
BHIKHABHAI JAVANBHAI MALIWAD
Versus
DEPUTY EXECUTIVE ENGINEER
==========================================================
Appearance:
MR MAHESHKUMAR R YADAV(11944) for the Applicant(s) No. 1
MR VENU GOPAL, AGP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA
and
HONOURABLE MR.JUSTICE J. L. ODEDRA
Date : 20/04/2026
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA)
RULE. Learned AGP waives service of Rule for and on
behalf of the respondent.
It is stated that in the companion appeals, delay has
been condoned and the matters are to be listed tomorrow, i.e.
21.4.2026.
In light of the above, the delay occurred in filing the
appeal is condoned. Rule is made absolute.
List the appeal on 21.4.2026.
(N.S.SANJAY GOWDA,J)
(J. L. ODEDRA, J)
OMKAR
Original copy of this order has been signed by the Hon'ble Judges.
Digitally signed by: OMKAR CHHAGANLAL MAHAWAR(HC00201), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 20/04/2026 15:27:28
Page 1 of 1
Search Indian case law
Ask in plain English, not just keywords. 25,000 AI words free, no card.