PATEL SOMETA KARSHAN GOPALversusSPECIAL LAND ACQUISITION AND OFFICER
- Disposal
- 53-ALLOWED / GRANTED @ ADM.STAGE
- Bench
- C DOSHI
Holding
The Court condoned the delay in filing the restoration applications and restored the main matter to its original file, subject to the petitioners removing the office objection within a week.
Summary
The petitioners, Khant Ashok Hirabhai & Ors., filed multiple civil applications and first appeals seeking restoration of their main matter, which had been stayed due to procedural delays and office objections. The respondents, the State of Gujarat and others, opposed the restoration. The Court examined the averments in the condonation of delay applications and found them satisfactory. Consequently, the Court condoned the delay in filing the restoration applications and ordered that the main matter be restored to its original file. The restoration is conditional upon the petitioners removing the office objection within one week, failing which the proceedings will be dismissed for default.
Issues considered
- Whether the delay in preferring restoration applications can be condoned under the Civil Procedure Code.
- Whether the main matter can be restored to the original file subject to removal of office objections.
Subjects
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 file on
condition to remove the office objection within a week from
today, failing which, present proceedings shall stand
dismissed for default for non-removal of office 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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