DIPAKKUMAR DHIRAJLAL THAKKARversusMADHJIBHA KAPURJI THAKOR (ABATE)
- Disposal
- 53-ALLOWED / GRANTED @ ADM.STAGE
- Bench
- C DOSHI
Holding
The court condoned the 522‑day delay in filing the second appeal, subject to a cost of Rs.10,000.
Summary
Dipakkumar Dhirajlal Thakkar filed a second appeal in the High Court of Gujarat but failed to file it within the prescribed period, resulting in a delay of 522 days. The appellant sought condonation of this delay, explaining that he was arrested in Dubai, detained there, and later extradited to India, which prevented him from filing the appeal on time. The court examined the length of the delay and the appellant's circumstances. Considering the explanation and the nature of the delay, the court decided to condone the delay. It imposed a cost of Rs.10,000 to be paid within two weeks, after which the application for condonation was disposed.
Issues considered
- Whether the delay of 522 days in filing the second appeal can be condoned on the ground of the appellant's detention in Dubai and subsequent extradition.
Subjects
Judgment
C/CA/3646/2025 ORDER DATED: 23/02/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 3646 of
2025
In F/SECOND APPEAL/16510/2025
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DIPAKKUMAR DHIRAJLAL THAKKAR
Versus
MADHJIBHA KAPURJI THAKOR (ABATE) & ORS.
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Appearance:
MS DISHA NANAVATY for MR HITESH M SABHNANI(10731) for the
Applicant(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2,3,4
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 23/02/2026
ORAL ORDER
1. Heard learned advocate Ms. Disha Nanavaty for learned
advocate Mr. Hitesh M. Sabhnani appearing for the applicant.
2. There is a delay of 522 days in preferring the Second
Appeal. The condonation thereof has been sought on the
ground that the appellant was in Dubai and got arrested and
was kept in jail and under some of the provisions he got
extradited to India and therefore, he was not in a position to
'le the Appeal as he was languishing in jail at Dubai.
3. Considering the aforesaid submissions and the nature and
the length of delay, I condone the same with a cost of Rs.
10,000/- to be paid in City and District Law Library, City Civil
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C/CA/3646/2025 ORDER DATED: 23/02/2026
Court, Ahmedabad within a period of 2 weeks and to place the
receipt thereof.
4. Application is disposed of accordingly.
(J. C. DOSHI,J)
SHEKHAR P. BARVE
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SHEKHAR PRAFULBHAI BARVE(HC00200), Principal Pvt. Secretary, at High Court of Gujarat on 23/02/2026 14:19:25
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