High Court of Gujarat

NITESHBHAI BHANJIBHAI KHETIYAversusDEPUTY COLLECTOR

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

Holding

The court held that the 354‑day delay is condonable and allowed the application for condonation of delay.

Summary

Niteshbhai Bhanjibhai Khetiya filed a first appeal against the Deputy Collector and others, but failed to file it within the prescribed period, resulting in a delay of 354 days. The applicant's counsel, Mr. Pratik K. Chaudhary, highlighted that respondents 3.1 and 3.3 are the applicant's siblings and that respondent 2, although served, did not appear to contest the matter. The court examined whether such a lengthy delay could be condoned under the procedural law. Considering the circumstances and the lack of opposition from the main contesting party, the judge was inclined to condone the delay. Consequently, the application for condonation of delay was allowed, and the filing of the first appeal was deemed valid.

Issues considered

Whether a delay of 354 days in filing the first appeal can be condoned under the provisions of the Civil Procedure Code

Subjects

condonation of delayfirst appealcivil procedurehigh courtservice of noticedefault

Judgment

          C/CA/2599/2025                                                   ORDER DATED: 27/03/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         R/CIVIL APPLICATION (FOR CONDONATION OF DELAY)
                          NO. 2599 of 2025
                    In F/FIRST APPEAL/9063/2025

  =========================================
                    NITESHBHAI BHANJIBHAI KHETIYA
                                Versus
                       DEPUTY COLLECTOR & ORS.
  =========================================
  Appearance:
  PRATIK K CHAUDHARY(8359) for the Applicant(s) No. 1
  MR. BHARAT VYAS, AGP for the Respondent(s) No.
  1,2,3.1,3.2,3.4,3.5
  NOTICE SERVED BY DS for the Respondent(s) No. 3.3
  =========================================

     CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                        Date : 27/03/2026
                                              ORDER


            Learned advocate Mr. Pratik K. Chaudhary submits that DS
  A9davit for respondent No.3.3 is also :led in the Registry.

            He would further submit that respondent Nos. 3. 1 and 3.3 are
  the applicant’s siblings and they are sailing in the same boat. The
  main contesting party is respondent No.2, who has been served, but
  did not come forward to contest the matter.

            In view of above and considering the fact that there is a delay
  of 354 days, I am inclined to condone the delay.

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



                                                                                    (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 16:48:03

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