High Court of Gujarat

PRAVINBHAI SHANKARBHAI PATELversusINDIRABEN PARSOTTAMBHAI PATEL D/O MOTIBHAI LAXMIDAS

Disposal: 33-CA DISPOSED OF
Bench: HEMANT M PRACHCHHAK

Holding

The Court held that the 53‑day delay is condoned as sufficient cause was demonstrated.

Summary

The petitioners, Pravinbhai Shankarbhai Patel and another, filed a Miscellaneous Civil Application seeking condonation of a 53‑day delay in filing a review under Order 47 Rule 1 of the Code of Civil Procedure for an order dated 26 September 2025 passed in First Appeal No. 558/2012. The respondents, Indiraben Parsottambhai Patel and others, opposed the condonation. The Court examined the explanations offered by the petitioners and the arguments of counsel. Finding that the petitioners had shown sufficient cause for the delay, the Court exercised its discretion to condone the delay. Consequently, the review application was allowed to proceed and the matter was disposed of.

Issues considered

Whether a delay of 53 days in filing a review application under Order 47 Rule 1 CPC can be condoned.

Legislation cited

Code of Civil Procedure, 1908s. Order 47 Rule 1

Subjects

condonation of delayreview applicationOrder 47CPCfirst appeal

Judgment

     C/CA/6196/2025                            ORDER DATED: 02/03/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 6196 of
                                2025
             In F/MISC. CIVIL APPLICATION/38677/2025
                    In R/FIRST APPEAL/558/2012

================================================================
           PRAVINBHAI SHANKARBHAI PATEL & ANR.
                          Versus
INDIRABEN PARSOTTAMBHAI PATEL D/O MOTIBHAI LAXMIDAS & ORS.
================================================================
Appearance:
MR JIGAR P RAVAL(2008) for the Applicant(s) No. 1,2
MR PARTHIV B SHAH(2678) for the Respondent(s) No. 5,6,7
MR SALIL M THAKORE(5821) for the Respondent(s) No. 2.2,2.4,2.5
RUSHABH H SHAH(7594) for the Respondent(s) No. 1
================================================================

 CORAM:HONOURABLE MR. JUSTICE HEMANT M.
       PRACHCHHAK

                           Date : 02/03/2026

                            ORAL ORDER


1.    The application is    led by the applicant to condone the
delay of 53 days occurred in preferring the Miscellaneous Civil
Application for review under Order 47 Rule 1 of Code of Civil
Procedure for order dated 26.09.2025 in First Appeal No.
558/2012 passed by this Court.


2.    Heard the learned counsel for the respective parties.


3.    Considering the averments and explanation given in the
application and hearing the learned counsel for the respective
parties, this Court    nds that su0cient cause is made out to
condone the delay.


4.    In view of the above, the delay occurred in ling the Misc.


                               Page 1 of 2
          C/CA/6196/2025                                                  ORDER DATED: 02/03/2026




 Civil Application for review of order dated 26.09.2025 in First
 Appeal No. 558/2012 passed by this Court is condoned. The
 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 03/03/2026 16:51:02




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