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High Court of Gujarat

UNION OF INDIAversusMUKTABEN PREMJIBHAI KOLI

Disposal
33-CA DISPOSED OF

Holding

The Court held that the delay was condonable and allowed the condonation.

Summary

The Union of India filed an application seeking condonation of a 92‑day delay in filing Miscellaneous Civil Application No. 5172/2026, which was intended to review a judgment of the High Court dated 14 October 2025 in First Appeal No. 3733/2012. The respondents, represented by Mr. PJ Mehta, opposed the condonation, arguing that an execution application had already been filed against the appellant. The Court examined the explanations provided in the applicant’s petition, particularly those in paragraphs 2 and 3 of the application. Finding that the applicant had shown sufficient cause for the delay, the Court decided that the delay could be condoned. Consequently, the Court ordered that the delay in filing the review application be condoned. The application was thereafter disposed of.

Issues considered

  • Whether a delay of 92 days in filing a review application under Order 47 of the CPC can be condoned.

Subjects

condonation of delayreview of judgmentcivil procedureHigh Court of Gujarat

Judgment

     C/CA/3452/2026                               ORDER DATED: 10/08/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 3452 of
                               2026
             In F/MISC. CIVIL APPLICATION/5172/2026
                   In R/FIRST APPEAL/3733/2012

==========================================================
                             UNION OF INDIA
                                  Versus
                      MUKTABEN PREMJIBHAI KOLI & ORS.
==========================================================
Appearance:
MR HARSHEEL D SHUKLA(6158) for the Applicant(s) No. 1
MR PJ MEHTA(467) for the Respondent(s) No. 1,2,3,4,5,6
==========================================================

 CORAM:HONOURABLE MR. JUSTICE HEMANT M.
       PRACHCHHAK

                              Date : 10/08/2026

                               ORAL ORDER


1.    The application is       led by the applicant to condone the
delay of 92 days occurred in preferring Misc. Civil Application no.
5172 of 2026 seeking review of judgment passed by this Court in
First Appeal no. 3733 of 2012 dated 14.10.2025.


2.    Mr. PJ Mehta, learned counsel for the respondents –
accused has vehemently opposed the application and submitted
that the execution application was already                   led by the
respondents against the appellant.


3.    Considering the submissions canvassed by the learned
counsel for the respective parties and the averments made in
the application, more particularly, the explanation given in
paragraphs 2 and 3, this Court nds that su.cient cause is made
out to condone the delay.


                                  Page 1 of 2
          C/CA/3452/2026                                                  ORDER DATED: 10/08/2026




 4.        In view of the above, the delay occurred in preferring Misc.
 Civil Application no. 5172 of 2026 seeking review of judgment
 passed by this Court in First Appeal no. 3733 of 2012 dated
 14.10.2025 is hereby condoned.


 5.        The present application stands disposed of accordingly.



                                                               (HEMANT M. PRACHCHHAK,J)
 ANUSRI


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ANUSRI VASU(HC02352), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 13/08/2026 18:36:27




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