High Court of Gujarat

RAMESHBHAI BABUBHAI PATELversusJAYANTIBHAI BIJALBHAI TALPADA

Disposal: 53-ALLOWED / GRANTED @ ADM.STAGE
Bench: DIVYESH A JOSHI

Holding

The Court condoned the 138‑day delay and allowed the application.

Summary

The petitioner filed a special civil application seeking to set aside the abatement of a petition concerning the deceased respondent No.5. The filing of this application was delayed by 138 days. The petitioner submitted an application for condonation of this delay, asserting sufficient reasons for the lapse. The Court examined the averments made in the condonation application and found them satisfactory. Consequently, the Court allowed the application, condoned the 138‑day delay, and granted the petitioner one week to file the necessary amendment.

Issues considered

Whether a delay of 138 days in filing the application seeking to set aside the abatement can be condoned.

Subjects

condonation of delaycivil procedureabatement of petitionamendmentspecial civil application

Judgment

               C/CA/1485/2026                                                     ORDER DATED: 22/04/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                         R/CIVIL APPLICATION NO. 1485 of 2026
                               (FOR CONDONATION OF DELAY)
                                           In
                         R/SPECIAL CIVIL APPLICATION/1994/2023

      =======================================================
                      RAMESHBHAI BABUBHAI PATEL
                                Versus
                JAYANTIBHAI BIJALBHAI TALPADA & ORS.
      =======================================================
      Appearance:
      MR AMIT N PATEL(2749) for the Applicant(s) No. 1
      MR DHARMESH C GURJAR(5170) for the Respondent(s) No.
      1,2,3,4,5,6,7
      MR ADITYA PATHAK AGP for the Respondent(s) No. 11,12
      =======================================================

          CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI

                                             Date : 22/04/2026
                                                    ORAL ORDER
                This is an application for condonation of delay of
      138 days caused in filing aforesaid application seeking
      setting aside the abatement of the present petition qua
      the deceased – respondent no.5.
                In view of the averments made in the application,
      this application is allowed. Delay of 138 days caused
      in filing aforesaid application is condoned.
                One weeks’ time to carry out amendment.


                                                                         (DIVYESH A. JOSHI, J.)
      Gautam
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: GAUTAM G PATIL(HC00190), Principal Pvt. Secretary, at High Court of Gujarat on 22/04/2026 14:20:25




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