High Court of Gujarat

SAMIYATAR (THAKOR) VIRAMJI DHARAMSI EXPIRED HIS LEGAL HEIRS AND REPRESENTATIVESversusDEPUTY COLLECTOR

Disposal: 53-ALLOWED / GRANTED @ ADM.STAGE
Bench: C DOSHI

Holding

The Court held that the applicants were not careless or negligent and therefore the delay is condoned.

Summary

The legal heirs of the deceased Samiyatar (Thakor) Viramji Dharmasi filed a civil application seeking condonation of delay in pursuing their legal rights. The respondents, the Deputy Collector and another party, opposed the application. The Court examined the affidavits and found that the applicants were not careless or negligent in pursuing the matter. Consequently, the Court concluded that there was sufficient cause to condone the delay. The application was allowed and the delay was formally condoned by the High Court of Gujarat.

Issues considered

Whether the delay in filing the application for condonation can be condoned under the law?
Whether the applicants were careless or negligent in pursuing their legal remedy?

Subjects

condonation of delaycivil procedurelegal heirsHigh Court of Gujaratapplication

Judgment

                C/CA/5776/2025                                                           ORDER DATED: 08/06/2026




                        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 5776 of
                                     2025

                                In F/MISC. CIVIL APPLICATION/30868/2025
                                       In R/FIRST APPEAL/288/2018

       ==========================================================
        SAMIYATAR (THAKOR) VIRAMJI DHARAMSI EXPIRED HIS LEGAL HEIRS
                       AND REPRESENTATIVES & ORS.
                                   Versus
                        DEPUTY COLLECTOR & ANR.
       ==========================================================
       Appearance:
       MS. KRUTI M SHAH(2428) for the Applicant(s) No.
       1,1.1,1.2,1.2.1,1.2.2,1.3,1.4,2,3
       MS. PAYAL M TUVAR(7055) for the Applicant(s) No.
       1,1.1,1.2,1.2.1,1.2.2,1.3,1.4,2,3
       MS URVASHI PUROHIT, AGP GOVERNMENT PLEADER for the
       Respondent(s) No. 1,2
       ==========================================================

          CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                                     Date : 08/06/2026

                                                             ORDER


                  Considering the averments made in the application, it
       appears that the applicants were not careless or negligent in
       pursuing legal recourse and therefore, the matter needs to be
       considered.


                  Under the circumstances, present application is allowed
       and delay is hereby condoned.

                                                                                                       (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 08/06/2026 14:50:30


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