High Court of Gujarat
BANASKANTHA DISTRICT PANCHAYAT THROUGH DISTRICT DEVELOPMENT OFFICER MAHESHKUMAR JAYANTILAL DAVEversusASHISHKUMAR BHAISHANKAR DAVE
- Decided
- 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 delay
- letters patent appeal
- civil procedure
- high court order
- procedure
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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