BABULAL MOHANLAL PARMARversusAHMEDABAD MUNICIPAL CORPORATION
- Disposal
- 33-CA DISPOSED OF
Holding
The application for condonation of delay was dismissed for non‑prosecution.
Summary
The applicant, Babulal Mohanlal Parmar, filed a petition for condonation of a 279‑day delay in preferring a Letters Patent Appeal. The court previously ordered the matter to be listed on 12 August 2025, directing the applicant's counsel to submit a sick or leave note and make alternate arrangements if necessary. On the scheduled date, counsel Mr. Rajesh M. Chauhan submitted only a sick note and failed to arrange an alternate hearing. The court found the explanation for the delay insufficient and noted the lack of compliance with its directions. Consequently, the court dismissed the application for non‑prosecution, indicating that any future restoration application must be supported by an affidavit addressing the survival of the cause of action.
Issues considered
- Whether the applicant is entitled to condonation of a 279‑day delay in filing the appeal
- Whether the failure to make alternate arrangements after filing a sick note warrants dismissal for non‑prosecution
Subjects
Judgment
C/CA/3732/2025 ORDER DATED: 12/08/2025
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 3732 of
2025
In F/LETTERS PATENT APPEAL NO. 17286 of 2025
==========================================================
BABULAL MOHANLAL PARMAR
Versus
AHMEDABAD MUNICIPAL CORPORATION & ANR.
==========================================================
Appearance:
MR RAJESH M CHAUHAN(2470) for the Applicant(s) No. 1
MR HAMESH C NAIDU(5335) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
and
HONOURABLE MR.JUSTICE R. T. VACHHANI
Date : 12/08/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)
1. On 07.08.2025, this Court has passed the
following order:
“We find the explanation tendered in the present
application for delay of 279 days caused in
preferring the captioned appeal bereft of any
details. Since learned advocate Mr.Chauhan has filed
a sick note, the matter is ordered to be listed on
12.08.2025 at the top of the board. In case, he is
desirous to file any sick note or leave note on that
day, he shall make an alternate arrangement.”
2. Today, learned advocate Mr.Chauhan has filed
a sick note and not even made any alternate
arrangement.
3. Hence, the matter stands dismissed for non-
prosecution. If any restoration application is
filed, the same shall contain affidavit of the
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C/CA/3732/2025 ORDER DATED: 12/08/2025
applicant inter alia stating whether the cause of
action survives or not.
Sd/-
(A. S. SUPEHIA, J)
Sd/-
(R. T. VACHHANI, J)
NVMEWADA/1
Original copy of this order has been signed by the Hon'ble Judges.
Digitally signed by: NEHABEN VINODBHAI MEWADA(HC01571), PRIVATE SECRETARY, at High Court of Gujarat on 12/08/2025 14:03:41
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