High Court of Gujarat

LATABEN TULSIBHAI PATEL (GOTI)versusBALUBHAI NATHUBHAI PATEL

Disposal: 53-ALLOWED / GRANTED @ ADM.STAGE
Bench: ILESH VORAR T VACHHANI

Holding

The court held that the delay in filing the civil application is condoned as the applicant established sufficient cause.

Summary

Lata Ben Tulsibhai Patel (GOTI) filed a civil application seeking condonation of delay in preferring a civil suit against Balubhai Nathubhai Patel and others. The respondents included several parties, some of whom were deceased, raising issues of representation by heirs. The applicant argued sufficient cause for the delay, and the court, after hearing counsel, found the explanation satisfactory. The judges held that the delay should be condoned. Consequently, the application for condonation was allowed, and the court ordered that the delay be condoned. The order also noted that formalities for bringing heirs of the deceased respondents are pending.

Issues considered

Whether the delay in preferring the civil application can be condoned under the principles of the Civil Procedure Code

Subjects

condonation of delaycivil proceduresufficient causedeceased respondentsheir representation

Judgment

          C/CA/1322/2023                                                                    ORDER DATED: 11/06/2026




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO.
                            1322 of 2023
             In F/MISC. CIVIL APPLICATION/26216/2023
                   In F/FIRST APPEAL/25111/2020
=========================================
                                 LATABEN TULSIBHAI PATEL (GOTI)
                                             Versus
                                BALUBHAI NATHUBHAI PATEL & ORS.
=========================================
Appearance:
MR UDAYAN P VYAS(1302) for the Applicant(s) No. 1
MR AMIT V THAKKAR(3073) for the Respondent(s) No. 15,16
MS. KRUTI M SHAH(2428) for the Respondent(s) No. 10,11,2,5,8,9
RULE SERVED for the Respondent(s) No. 12,13,14,6,7
UNSERVED EXPIRED (R) for the Respondent(s) No. 1,3,4
=========================================
 CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
       and
       HONOURABLE MR. JUSTICE R. T. VACHHANI

                  Date : 11/06/2026
                    ORAL ORDER
  (PER : HONOURABLE MR. JUSTICE ILESH J. VORA)

1.         By this application, the applicant has prayed for condonation of
delay as mentioned in the application in preferring civil application.

2.         Having heard learned counsel for the respective parties and
considering the averments made in the application, the applicant has
established sufficient cause and therefore, delay in preferring the civil
application deserves to be condoned and is hereby condoned.

3.         Accordingly, the present application is allowed in above terms.

           Mr. Vyas has submitted that some of the respondents are expired
and the formality for bringing heirs of the deceased respondent are still
in a way.


                                                                                                (ILESH J. VORA,J)



                                                                                           (R. T. VACHHANI, J)
Kaushal Rathod
Original copy of this order has been signed by the Hon'ble Judges.
Digitally signed by: KAUSHAL MAHESHBHAI RATHOD(HCD0078), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 11/06/2026 15:02:36


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