High Court of Gujarat

RADHABEN BHANABHAI MAKWANA (LHS OF LATE JETHIBEN SAMATBHAI)versusLHS OF LATE NATHABHAI PUNABHAI

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

Holding

The 110‑day delay in filing the first appeal is condoned.

Summary

The petitioners filed an application before the High Court of Gujarat seeking condonation of a 110‑day delay in filing a first appeal. The respondents, through their counsel, submitted a vakalatnama and argued that the delay was justified. The learned judge examined the explanations provided in the petition and considered the length of the delay. Finding the explanation satisfactory, the judge held that the delay could be condoned. Consequently, the application for condonation was allowed and the registry was directed to list the respondent's counsel in the cause list of the first appeal.

Issues considered

Whether a delay of 110 days in preferring a first appeal can be condoned under the provisions of the Civil Procedure Code.

Subjects

condonation of delayfirst appealcivil procedureHigh Court of Gujarat

Judgment

           C/CA/509/2026                                                            ORDER DATED: 02/07/2026




                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

      R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 509 of
                                 2026

                                     In F/FIRST APPEAL/35390/2025
  ==========================================================
           RADHABEN BHANABHAI MAKWANA (LHS OF LATE JETHIBEN
                           SAMATBHAI) & ORS.
                                 Versus
                 LHS OF LATE NATHABHAI PUNABHAI & ORS.
  ==========================================================
  Appearance:
  ANKIT N MEHTA(7302) for the Applicant(s) No. 1,10,11,12,2,3,4,5,6,7,8,9
  MR VIJAY H NANGESH(3981) for the Respondent(s) No.
  1.1,1.2,1.3,1.4,2.1,2.2,2.3,2.4,2.5
  RULE SERVED for the Respondent(s) No. 3
  ==========================================================
     CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                                 Date : 02/07/2026

                                                        ORDER


                       Present application is filed to condone delay of 110
  days in preferring First Appeal.
                       Learned advocate Mr.Vijay Nangesh submits that he
  has filed Vakalatnama for all the respondents.
                       Having heard learned advocates for the parties and
  considering delay of 110 days and going through explanation
  tendered in the petition, I am convinced that explanation is
  sufficiently explained. Delay caused in preferring First Appeal is
  condoned. The application is allowed.
                       Registry to show name of learned advocate Mr.Vijay
  Nangesh in the cause list of First Appeal.



                                                                                              (J. C. DOSHI,J)
  SATISH




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SATISH CHANDRAMOHAN VEMULLA(HC00206), Principal Pvt Secretary, at High Court of Gujarat on 02/07/2026 16:43:32



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