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High Court of Gujarat

SHANABHAI KONABHAI PARMARversusDEPUTY EXECUTIVE ENGINEER

Decided
Disposal
53-ALLOWED / GRANTED @ ADM.STAGE

Holding

The Court condoned the delay in filing the appeal and made the rule absolute.

Summary

Shanabhai Konabhai Parmar 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 examined the precedent of the companion appeals and found no impediment to granting condonation. Accordingly, the Court condoned the delay, made the rule absolute, and ordered the appeal to be listed for hearing on 21 April 2026.

Issues considered

  • Whether the delay in filing the appeal can be condoned in view of the condonation granted in companion appeals

Subjects

  • condonation of delay
  • civil procedure
  • appeal
  • high court
  • procedural law

Judgment

         C/CA/1693/2026                                                            ORDER DATED: 20/04/2026




                 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

   R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1693 of
                                2026
               In F/LETTERS PATENT APPEAL/6984/2026
             In R/SPECIAL CIVIL APPLICATION/13925/2022
==========================================================
                                 SHANABHAI KONABHAI PARMAR
                                            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 15:28:29




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