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High Court of Gujarat

BANASKANTHA DISTRICT PANCHAYAT THROUGH DISTRICT DEVELOPMENT OFFICER MAHESHKUMAR JAYANTILAL DAVEversusASHISHKUMAR BHAISHANKAR DAVE

Disposal
53-ALLOWED / GRANTED @ ADM.STAGE

Holding

The two‑day delay in filing the Letters Patent Appeal is condoned as the cause shown is accepted.

Summary

The Banaskantha District Panchayat, represented by the District Development Officer Maheshkumar Dave, filed a Letters Patent Appeal but missed the prescribed filing deadline by two days. The respondents, Ashishkumar Dave and others, opposed the condonation of this delay. The Court examined whether the cause shown for the delay was sufficient to justify condonation. Accepting the cause shown, the Court exercised its discretion under the procedural rules and ordered that the two‑day delay be condoned. The order was made absolute and the main matter of the appeal was directed to be listed for hearing.

Issues considered

  • Whether the two‑day delay in filing the Letters Patent Appeal can be condoned?

Subjects

condonation of delayletters patent appealcivil procedurehigh court orderprocedure

Judgment

           C/CA/3052/2026                                                                     ORDER DATED: 17/07/2026




               IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 3052
                          of 2026

                      In F/LETTERS PATENT APPEAL/5889/2026
                         In R/CIVIL APPLICATION/6225/2025
                     In F/MISC. CIVIL APPLICATION/30784/2025
                   In R/SPECIAL CIVIL APPLICATION/13139/2022

 ==========================================================
        BANASKANTHA DISTRICT PANCHAYAT THROUGH DISTRICT
       DEVELOPMENT OFFICER MAHESHKUMAR JAYANTILAL DAVE
                              Versus
             ASHISHKUMAR BHAISHANKAR DAVE & ORS.
 ==========================================================
 Appearance:
 MR RB THAKOR(6743) for the Applicant(s) No. 1
 DIPAK N JOSHI(1689) for the Respondent(s) No. 1,2,3,4,5
 MR. ADITYA DAVDA, ASST. GOVERNMENT PLEADER for the
 Respondent(s) No. 6,7,8
 ==========================================================

    CORAM:HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA
          and
          HONOURABLE MR.JUSTICE J. L. ODEDRA

                                                  Date : 17/07/2026

                              ORAL ORDER
             (PER : HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA)


             Rule.
             Accepting the cause shown, the delay of 2 days in filing the
 Letters Patent Appeal is condoned. Rule is made absolute.

             Registry is directed to list the main matter in due course.



                                                                                          (N.S.SANJAY GOWDA,J)


                                                                                                      (J. L. ODEDRA, J)
 Mehul Desai
Original copy of this order has been signed by the Hon'ble Judges.
Digitally signed by: MEHULKUMAR BHIMABHAI DESAI(HCD0075), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 17/07/2026 16:53:13



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