High Court of Gujarat

STATE OF GUJARATversusLILABEN MAHESHBHAI PATEL

Disposal: 53-ALLOWED / GRANTED @ ADM.STAGE
Bench: N S SANJAY GOWDAL ODEDRA

Holding

The Court held that the 179‑day delay is condonable as the explanation for the delay was satisfactory.

Summary

The State of Gujarat filed a civil application seeking condonation of a 179‑day delay in filing an appeal. The applicants were represented by Assistant Government Pleader Ms. Vaishnavi Verma. The respondents were represented by counsel Mr. H.S. Munshaw, Mr. M.B. Parikh and Mr. H.J. Karathiya. The Court examined the explanations provided for the delay and found them satisfactory. Consequently, the application for condonation was allowed and the main matter was scheduled for hearing on 28‑April‑2026.

Issues considered

Whether a delay of 179 days in filing the appeal can be condoned under the provisions of the Code of Civil Procedure

Subjects

condonation of delaycivil procedureappealHigh Court of Gujaratletters patent appeal

Judgment

      C/CA/1350/2026                             ORDER DATED: 10/04/2026




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1350
                          of 2026

               In F/LETTERS PATENT APPEAL/6642/2026
             In R/SPECIAL CIVIL APPLICATION/15549/2024

=============================================
                      STATE OF GUJARAT & ANR.
                                  Versus
                 LILABEN MAHESHBHAI PATEL & ORS.
=============================================
Appearance:
MS. VAISHNAVI VERMA, AGP for the Applicant(s) No. 1,2
MR HS MUNSHAW(495) for the Respondent(s) No. 44
MR MB PARIKH(576) for the Respondent(s) No.
1,10,11,12,13,14,15,16,17,18,19,2,20,21,22,23,24,25,26,27,28,29,3,30,31,3
2,33,34,35,36,37,38,39,4,40,41,42,5,6,7,8,9
MR. HJ KARATHIYA(7012) for the Respondent(s) No. 43
=============================================

  CORAM:HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA
        and
        HONOURABLE MR.JUSTICE J. L. ODEDRA

                    Date : 10/04/2026
                     ORAL ORDER
 (PER : HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA)


[1]    The present Civil Application has been filed seeking
condonation of delay of 179 days occurred in filing the Appeal.

[2]    Heard learned AGP appearing for the applicants.

[3]    Considering the averments made in the application and
upon submission of learned Assistant Government Pleader
appearing for the applicants, delay of 179 days in the Appeal has
been explained to the satisfaction of the Court. The delay
condonation application is allowed.


                                Page 1 of 2
       C/CA/1350/2026                                               ORDER DATED: 10/04/2026




[4]     Main matter be list on 28.04.2026 along with Letters Patent
Appeal No.179 of 2026.



                                                                (N.S.SANJAY GOWDA, J.)



                                                                          (J. L. ODEDRA, J.)
DHARMENDRA KUMAR

Original copy of this order has been signed by the Hon'ble Judges.
Digitally signed by: KUMAR DHARMENDRA(HC01071), GOV, at High Court of Gujarat on 10/04/2026 16:54:01




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