High Court of Gujarat

LATE GANGABEN MANILAL PATEL THROUGH LH BHANUMATIBEN THAKORBHAI PATEL D/O MANILAL PATELversusKANTILAL JAGUBHAI PATEL

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

Holding

The court condoned the delay and allowed the application.

Summary

The petitioners, Late Gangaben Manilal Patel (through her daughter) and others, filed a second appeal in a civil matter but did so after the prescribed time limit. They applied to the High Court of Gujarat seeking condonation of the delay in filing the appeal. The court examined the application and considered whether the delay could be justified under the principles of equity and procedural law. No substantive dispute on the merits of the appeal was raised; the sole question was procedural. The court found the reasons for delay satisfactory and exercised its discretion to condone the delay. Consequently, the application for condonation was allowed, permitting the second appeal to proceed.

Issues considered

Whether the delay in filing the second appeal can be condoned under the applicable procedural law

Subjects

condonation of delaysecond appealcivil procedureHigh Court of Gujarat

Judgment

          C/CA/2951/2025                                                          ORDER DATED: 13/02/2026




                 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

   R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 2951 of
                              2025

                                  In F/SECOND APPEAL/2549/2025

==========================================================
      LATE GANGABEN MANILAL PATEL THROUGH LH BHANUMATIBEN
             THAKORBHAI PATEL D/O MANILAL PATEL & ORS.
                              Versus
                  KANTILAL JAGUBHAI PATEL & ANR.
==========================================================
Appearance:
MR HARMIN D SHAH(10721) for the Applicant(s) No. 1,2,3
PARESH M MODI(9511) for the Applicant(s) No. 1,2,3
MS. ALKA B VANIYA(6945) for the Respondent(s) No. 1,2
MS.AKSHITABA SOLANKI(6782) for the Respondent(s) No. 1,2
==========================================================

    CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                               Date : 13/02/2026

                                                 ORAL ORDER


           Considering the averments made in the application,
present application is allowed and delay caused in filing the
aforesaid Second Appeal is hereby condoned.



                                                                                                 (J. C. DOSHI,J)
MISHRA AMIT V.
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: AMIT VISHNUPRASAD MISHRA(HC00187), Principal Pvt. Secretary, at High Court of Gujarat on 13/02/2026 16:11:16




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