High Court of Gujarat

BABUBHAI MANILAL PATEL (SINCE DECEASED) THROUGH LGL HRSversusHASMUKHBHAI KANTILAL PATEL(SINCE DECEASED) THROUGH HIS LEGAL HEIRS

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

Holding

The court condoned the delay in filing the first appeal.

Summary

The petitioners, represented by the legal heirs of the deceased Babubhai Manilal Patel, filed an application for condonation of delay in filing a first appeal. The respondents, represented by the legal heirs of the deceased Hasmukhbhai Kantilal Patel, waived service of the rule on the caveat. The court considered the averments made in the application and, noting the waiver of service, allowed the application. Consequently, the delay in filing the first appeal was condoned. The rule was made absolute, and the order was signed by the judge.

Issues considered

Whether the delay in filing the first appeal should be condoned?

Subjects

condonation of delayfirst appealcivil procedureservice waiver

Judgment

          C/CA/1431/2026                                                   ORDER DATED: 27/03/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         R/CIVIL APPLICATION (FOR CONDONATION OF DELAY)
                           NO. 1431 of 2026
                    In F/FIRST APPEAL/37896/2025

  =========================================
  BABUBHAI MANILAL PATEL (SINCE DECEASED) THROUGH LGL HRS &
                              ORS.
                             Versus
    HASMUKHBHAI KANTILAL PATEL(SINCE DECEASED) THROUGH HIS
                      LEGAL HEIRS & ORS.
  =========================================
  Appearance:
  MR DIGANT B KAKKAD(6523) for the Applicant(s) No.
  1,1.1,1.2,1.3,1.4
  MR BHUVNESH GAHLOT(10286) for the Respondent(s) No. 3
  =========================================

     CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                        Date : 27/03/2026
                                              ORDER


            Rule returnable forthwith.

            Mr. Bhuvnesh Gahlot learned advocate appearing for the other
  side on caveat waives service of rule.

            Considering the averments made in the application, present
  application is allowed and delay caused in 9ling the aforesaid First
  Appeal is hereby condoned.

            Rule made absolute.



                                                                                    (J.C. DOSHI, J.)
  Raj
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: RAJ SUBHASH DHOBI(HC01779), Private Secretary, at High Court of Gujarat on 27/03/2026 14:54:23




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