High Court of Gujarat

BHIKIBEN D/O DAHYABHAI DAMJIBHAIversusSTATE OF GUJARAT

Disposal: 58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH
Bench: DIVYESH A JOSHI

Holding

The Court held that the delay is condoned.

Summary

The petitioners, Bhikiben D/o Dahyabhai Damjibhai & Ors., filed a miscellaneous civil application seeking condonation of a 227‑day delay in filing a restoration application. The respondents, the State of Gujarat & Ors., were served with the application. The parties reached a broad consensus that the delay should be condoned. The Court examined the application and, noting the consensus, allowed the petition. Consequently, the 227‑day delay in filing the restoration application was condoned by the High Court of Gujarat.

Issues considered

Whether the 227‑day delay in filing the restoration application can be condoned under the applicable procedural law

Subjects

condonation of delaycivil procedurerestoration of suitHigh Court of Gujaratapplication allowed

Judgment

                C/CA/1924/2023                                                     ORDER DATED: 20/07/2026




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                          R/CIVIL APPLICATION NO. 1924 of 2023
                                (FOR CONDONATION OF DELAY)
                                            In
                           F/MISC. CIVIL APPLICATION/33868/2023
                                            In
                          R/SPECIAL CIVIL APPLICATION/9189/2013

        =======================================================
                BHIKIBEN D/O DAHYABHAI DAMJIBHAI & ORS.
                                 Versus
                        STATE OF GUJARAT & ORS.
        =======================================================
        Appearance:
        MR VC VAGHELA(1720) for the Applicant(s) No. 1,1.1,1.2
        MR JAY TRIVEDI AGP for the Respondent(s) No. 1,2,3
        MR VIJAY H NANGESH(3981) for the Respondent(s) No.
        4.3,4.4,4.5,4.6
        UNSERVED EXPIRED (N) for the Respondent(s) No. 4.1,4.2
        =======================================================

            CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI

                                              Date : 20/07/2026

                                                     ORAL ORDER

                 In view of the averments made in the application

        and in view of broad consensus of the parties, this

        application is allowed. Delay of 227 days caused in

        filing restoration application is condoned.



                                                                           (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 20/07/2026 14:24:22




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