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High Court of Gujarat

LEGAL HEIRS AND REPRESENTATIVES OF LATE SHRI MANIBHAI KARAMSHIBHAI PATELversusSTATE OF GUJARAT

Decided
Disposal
53-ALLOWED / GRANTED @ ADM.STAGE

Holding

The court condoned the delays of 1288 days for the First Appeal and 132 days for the application to bring legal heirs.

Summary

The petitioners, legal heirs of the deceased, filed applications seeking condonation of delay—1288 days for filing the main First Appeal and 132 days for filing an application to bring legal heirs. The court noted that similar relief had previously been granted in related proceedings. After hearing counsel, the court found that the petitioners had established sufficient cause for the delays. Consequently, the court condoned both periods of delay. The applications for condonation were therefore allowed.

Issues considered

  • Whether a delay of 1288 days in preferring the main First Appeal can be condoned.
  • Whether a delay of 132 days in preferring the application for bringing legal heirs can be condoned.

Subjects

  • condonation of delay
  • first appeal
  • legal heirs
  • civil procedure
  • High Court of Gujarat

Judgment

       C/CA/2896/2026                               ORDER DATED: 14/07/2026




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
 R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 2896 of
                                2026
                    In F/FIRST APPEAL/6742/2026
                                With
 CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 3 of 2026
    In CIVIL APPLICATION (FOR BRINGING HEIRS) NO. 2 of 2026
                In F/FIRST APPEAL NO. 6742 of 2026
==========================================================
      LEGAL HEIRS AND REPRESENTATIVES OF LATE SHRI MANIBHAI
                    KARAMSHIBHAI PATEL & ORS.
                              Versus
                     STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR.D K.PUJ(3836) for the Applicant(s) No. 1,1.1,1.2,1.3,1.4,2,2.1,2.2,2.3
MR BHAVESH DESAI, AGP for the Respondent(s) No. 1,2
==========================================================

     CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
           and
           HONOURABLE MR. JUSTICE R. T. VACHHANI

                             Date : 14/07/2026

                        ORAL ORDER
 (PER : HONOURABLE MR. JUSTICE ILESH J. VORA)


Order in C.A.No.2896/2026

1.      By way of this application, the applicant has prayed for
condonation of delay of 1288 days in preferring the main First Appeal.

2.      It is submitted that the delay has already been condoned in the
group of appeals, and therefore, this application may be allowed
accordingly.

3.      Having heard learned advocates for the respective parties and
considering the averments made in the application, the applicant has
established sufficient cause and therefore, delay of 1288 days in
preferring the main First Appeal, deserves to be condoned and is hereby
condoned.



                                  Page 1 of 2
            C/CA/2896/2026                                                           ORDER DATED: 14/07/2026




   4.        Accordingly, present application is allowed in the above terms.



   Order in C.A.No.3/2026

   1.        By way of this application, the applicant has prayed for
   condonation of delay of 132 days in preferring the application for
   bringing legal heirs.

   2.        On earlier occasion, request for bringing legal heirs has already
   been granted. Having heard learned advocates for the respective parties
   and considering the averments made in the application, the applicant has
   established sufficient cause and therefore, delay of 132 days in preferring
   the application for bringing legal heirs, deserves to be condoned and is
   hereby condoned.

   3.        Accordingly, present application is allowed in the above terms.




                                                                                             (ILESH J. VORA,J)




                                                                                           (R. T. VACHHANI, J)
   Rakesh




Original copy of this order has been signed by the Hon'ble Judges.
Digitally signed by: RAKESH MAHESHKUMAR KOSHTI(HC00950), Principal Pvt. Secretary, at High Court of Gujarat on 14/07/2026 16:23:56




                                                         Page 2 of 2


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