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High Court of Gujarat

KANTIBHAI KHIMJIBHAI KARGATHIYAversusSTATE OF GUJARAT

Disposal
38-RULE ABSOLUTE/ALLOWED @ FH

Holding

The Court held that the delay was sufficiently explained and therefore condoned under Section 5 of the Limitation Act, 1963.

Summary

The petitioners filed applications under Section 5 of the Limitation Act, 1963 seeking condonation of delays of 183 and 179 days in filing revision applications. The applicant’s counsel highlighted that the dispute had been amicably settled, a fact conceded by the respondent’s counsel. The court examined the explanations for the delay and, noting the settlement, found the reasons satisfactory. Consequently, the court held that the delay could be condoned. The applications for condonation were therefore allowed and the delay was formally condoned.

Issues considered

  • Whether the delay of 183 and 179 days in filing the revision applications can be condoned under Section 5 of the Limitation Act, 1963 given the amicable settlement between the parties.

Legislation cited

Subjects

condonation of delayLimitation Actrevision applicationamicable settlementcivil procedure

Judgment

     R/CR.MA/1481/2026                            ORDER DATED: 22/01/2026




     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR CONDONATION
             OF DELAY) NO. 1481 of 2026
   In F/CRIMINAL REVISION APPLICATION/1659/2026
                       With
   R/CRIMINAL MISC.APPLICATION NO. 1485 of 2026
                        In
 F/CRIMINAL REVISION APPLICATION NO. 2382 of 2026

=================================================
          KANTIBHAI KHIMJIBHAI KARGATHIYA
                          Versus
              STATE OF GUJARAT & ANR.
=================================================
Appearance:
MR P S DATTA(11324) for the Applicant(s) No. 1
MR ROHAN RAVAL, APP for the Respondent(s) No. 1
=================================================

CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL

                             Date : 22/01/2026

                             ORAL ORDER

1.     By these applications under Section 5 of the Limitation Act,
1963 the applicant seeks condonation of delay of 183 and 179 days
respectively, caused in filing the captioned revision applications.


2.     Learned advocate Mr. Kushal A. Desai appears and states that
he has instructions to appear on behalf of respondent No. 2 – original
complainant.        He shall file his Vakalatnama before the registry,

                                  Page 1 of 2
          R/CR.MA/1481/2026                                                             ORDER DATED: 22/01/2026




   which the registry shall accept.


   3.          Rule, returnable forthwith.                              Learned advocates for the
   respective respondents waive service.


   4.          Heard, the learned advocates for the respective parties. The
   learned advocate for the applicant, while drawing attention of the
   Court to the grounds for delay, stated that the matter is amicably
   settled between the parties, to which assertion, the learned advocate
   for the respondent No. 2 has fairly conceded to. Accordingly, it is
   urged that delay caused in preferring the revision applications may
   be condoned.


   5.          Having heard and considering the averments made in the
   memorandum of applications, and the fact that the matter is settled
   between the parties, the Court is of the view that the delay that has
   occasioned in preferring the revision applications has been
   sufficiently explained. The applications, therefore, succeed and are,
   accordingly, allowed. The delay caused in filing the revision
   applications is hereby condoned. Rule is made absolute accordingly.



                                                                                            [ P. M. Raval, J. ]
   hiren/3-4tss22126




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: HIREN VIRENDRABHAI MER(HC00351), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 22/01/2026 14:32:01


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