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High Court of Gujarat

PATEL SOMETA KARSHAN GOPALversusSPECIAL LAND ACQUISITION AND OFFICER

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

Holding

The Court condoned the delay and allowed the restoration of the pending applications.

Summary

The High Court of Gujarat entertained a series of condonation of delay applications filed by Khant Ashok Hirabhai and others seeking restoration of pending civil matters against the State of Gujarat. The applicants argued that the delay in filing restoration applications was justified and requested the Court to condone the lapse. The Court examined the averments in the applications and found no substantive impediment to granting relief. Consequently, the Court condoned the delay and ordered that the restoration applications be allowed. It further directed that the main matters be restored to their original condition and that any office objections be removed within a week, failing which the proceedings would be dismissed for default. The order was signed by Justice J.C. Doshi and digitally authenticated by the Principal Private Secretary of the High Court.

Issues considered

  • Whether the delay in filing restoration applications can be condoned under the Civil Procedure Code
  • Whether the pending civil matters can be restored to their original status

Subjects

condonation of delayrestoration of proceedingscivil procedureHigh Court orderoffice objectiondefault

Judgment

  C/CA/862/2026                                ORDER DATED: 09/04/2026




       IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 862 of
                           2026

                  In R/MISC. CIVIL APPLICATION/887/2026
                       In F/FIRST APPEAL/19862/2022

                              With
            R/MISC. CIVIL APPLICATION NO. 887 of 2026
                                In
                F/FIRST APPEAL NO. 19862 of 2022
                              With
               R/CIVIL APPLICATION NO. 908 of 2026
                                In
            R/MISC. CIVIL APPLICATION NO. 888 of 2026
                              With
            R/MISC. CIVIL APPLICATION NO. 888 of 2026
                                In
                F/FIRST APPEAL NO. 19860 of 2022
                              With
              R/CIVIL APPLICATION NO. 1123 of 2026
                                In
            R/MISC. CIVIL APPLICATION NO. 889 of 2026
                              With
            R/MISC. CIVIL APPLICATION NO. 889 of 2026
                                In
                F/FIRST APPEAL NO. 17103 of 2023
                              With
              R/CIVIL APPLICATION NO. 1124 of 2026
                                In
            R/MISC. CIVIL APPLICATION NO. 890 of 2026
                              With
            R/MISC. CIVIL APPLICATION NO. 890 of 2026
                                In
                F/FIRST APPEAL NO. 17100 of 2023
                              With
              R/CIVIL APPLICATION NO. 1125 of 2026
                                In
            R/MISC. CIVIL APPLICATION NO. 891 of 2026
                              With
            R/MISC. CIVIL APPLICATION NO. 891 of 2026
                                In
                F/FIRST APPEAL NO. 17102 of 2023
                              With


                                Page 1 of 3
      C/CA/862/2026                                ORDER DATED: 09/04/2026




                  R/CIVIL APPLICATION NO. 1129 of 2026
                                    In
                R/MISC. CIVIL APPLICATION NO. 892 of 2026
                                  With
                R/MISC. CIVIL APPLICATION NO. 892 of 2026
                                    In
                     F/FIRST APPEAL NO. 1212 of 2022
                                  With
                  R/CIVIL APPLICATION NO. 1181 of 2026
                                    In
                R/MISC. CIVIL APPLICATION NO. 893 of 2026
                                  With
                R/MISC. CIVIL APPLICATION NO. 893 of 2026
                                    In
                    F/FIRST APPEAL NO. 17104 of 2023
==========================================================
                      KHANT ASHOK HIRABHAI & ORS.
                                 Versus
                        STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR AMIT N CHAUDHARY(5599) for the Applicant(s) No.
1,10,11,12,12.1,12.2,12.3,12.4,12.4.1,12.4.2,12.4.3,12.4.4,13,13.1,13.2,13.3,
2,3,4,4.1,4.2,5,6,7,7.1,8,9
MR BHARAT VYAS, AGP for the Respondent(s) No. 1,2 in CA 862/2026
MS URVASHI PUROHIT, AGP for the Respondent(s) No. 1,2 in CA 908/2026,
1129/26
MR SHAILESH DESAI, AGP for the Respondent(s) No. 1,2 in CA 1123/2026,
1181/26
MS HEMALI SONI, AGP for the Respondent(s) No. 1,2 in CA 1124/2026,
1125/26
==========================================================

 CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                             Date : 09/04/2026




IA ORDER IN DELAY CONDONATION APPLICATION

      Considering the averments made in the applications, the
same are allowed and delay caused in preferring restoration
Applications stand condoned.

                                  Page 2 of 3
              C/CA/862/2026                                                          ORDER DATED: 09/04/2026




    IA ORDER IN RESTORATION APPLICATION

              Considering the facts stated in the applications, present
    Applications are required to be allowed and the same are
    allowed and main matter is restored to its original                                                           le on
    condition to remove the o ice objection within a week from
    today,          failing          which,           present            proceedings                shall         stand
    dismissed for default for non-removal of o ice objections
    without referring the matter to the Court.


                                                                                                    (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 09/04/2026 17:45:53




                                                          Page 3 of 3


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For a digitally signed copy suitable for filing, refer to the court's own website. Only the court can issue one.