High Court of Gujarat
BHIKIBEN D/O DAHYABHAI DAMJIBHAIversusSTATE OF GUJARAT
- Decided
- Disposal
- 58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH
- Bench
- DIVYESH A JOSHI
Holding
The Court held that the delay is condoned.
Summary
The petitioners, Bhikiben D/o Dahyabhai Damjibhai & Ors., filed a miscellaneous civil application seeking condonation of a 227‑day delay in filing a restoration application. The respondents, the State of Gujarat & Ors., were served with the application. The parties reached a broad consensus that the delay should be condoned. The Court examined the application and, noting the consensus, allowed the petition. Consequently, the 227‑day delay in filing the restoration application was condoned by the High Court of Gujarat.
Issues considered
- Whether the 227‑day delay in filing the restoration application can be condoned under the applicable procedural law
Subjects
- condonation of delay
- civil procedure
- restoration of suit
- High Court of Gujarat
- application allowed
Judgment
C/CA/1924/2023 ORDER DATED: 20/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION NO. 1924 of 2023
(FOR CONDONATION OF DELAY)
In
F/MISC. CIVIL APPLICATION/33868/2023
In
R/SPECIAL CIVIL APPLICATION/9189/2013
=======================================================
BHIKIBEN D/O DAHYABHAI DAMJIBHAI & ORS.
Versus
STATE OF GUJARAT & ORS.
=======================================================
Appearance:
MR VC VAGHELA(1720) for the Applicant(s) No. 1,1.1,1.2
MR JAY TRIVEDI AGP for the Respondent(s) No. 1,2,3
MR VIJAY H NANGESH(3981) for the Respondent(s) No.
4.3,4.4,4.5,4.6
UNSERVED EXPIRED (N) for the Respondent(s) No. 4.1,4.2
=======================================================
CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI
Date : 20/07/2026
ORAL ORDER
In view of the averments made in the application
and in view of broad consensus of the parties, this
application is allowed. Delay of 227 days caused in
filing restoration application is condoned.
(DIVYESH A. JOSHI, J.)
Gautam
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: GAUTAM G PATIL(HC00190), Principal Pvt. Secretary, at High Court of Gujarat on 20/07/2026 14:24:22
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