VAGHABHAI HARIBHAI MALIWADversusDEPUTY EXECUTIVE ENGINEER
- Disposal
- 53-ALLOWED / GRANTED @ ADM.STAGE
Holding
The Court held that the delay in filing the appeal is condoned, making the rule absolute.
Summary
Vaghbhai Haribhai Maliwad filed a civil application seeking condonation of delay in filing an appeal against a order of the Deputy Executive Engineer. The appeal was filed beyond the prescribed period, and the applicant argued that similar delays had been condoned in companion appeals. The respondent, represented by an Additional Government Pleader, waived service of the rule. The Court, noting the precedent of condonation in the companion appeals and exercising its discretion under the Civil Procedure Code, ordered that the delay be condoned. Consequently, the rule was made absolute and the appeal was scheduled for hearing on 21 April 2026.
Issues considered
- Whether the delay in filing the appeal should be condoned in view of the condonation granted in companion appeals
Subjects
Judgment
C/CA/1609/2026 ORDER DATED: 20/04/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1609 of
2026
In F/LETTERS PATENT APPEAL/6900/2026
In R/SPECIAL CIVIL APPLICATION/13130/2022
==========================================================
VAGHABHAI HARIBHAI MALIWAD
Versus
DEPUTY EXECUTIVE ENGINEER
==========================================================
Appearance:
MR MAHESHKUMAR R YADAV(11944) for the Applicant(s) No. 1
MR VENU GOPAL, AGP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA
and
HONOURABLE MR.JUSTICE J. L. ODEDRA
Date : 20/04/2026
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA)
RULE. Learned AGP waives service of Rule for and on
behalf of the respondent.
It is stated that in the companion appeals, delay has
been condoned and the matters are to be listed tomorrow, i.e.
21.4.2026.
In light of the above, the delay occurred in filing the
appeal is condoned. Rule is made absolute.
List the appeal on 21.4.2026.
(N.S.SANJAY GOWDA,J)
(J. L. ODEDRA, J)
OMKAR
Original copy of this order has been signed by the Hon'ble Judges.
Digitally signed by: OMKAR CHHAGANLAL MAHAWAR(HC00201), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 20/04/2026 15:29:37
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