High Court of Gujarat

IRSHADBIBI ABBASALI SHEIKH (BELDAR)versusUNION OF INDIA

Disposal: 33-CA DISPOSED OF
Bench: HEMANT M PRACHCHHAK

Holding

The court held that the delay is condoned as sufficient cause was demonstrated.

Summary

The applicant filed a petition seeking condonation of a 61‑day delay in filing a Miscellaneous Civil Application for the restoration of a first appeal that had been dismissed for want of prosecution on 9 July 2025. The court heard arguments from counsel and examined the explanation provided in the application. It found that the applicant had shown sufficient cause for the delay. Accordingly, the court exercised its discretion under the Civil Procedure Code to condone the delay. The application was therefore disposed of, with the delay being condoned and the restoration proceeding allowed.

Issues considered

Whether sufficient cause exists to condone a 61‑day delay in filing a Miscellaneous Civil Application for restoration of an appeal.

Subjects

condonation of delaycivil procedurerestoration of appealwant of prosecutionmiscellaneous civil application

Judgment

          C/CA/5565/2025                                                               ORDER DATED: 15/01/2026




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

      R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO.
                            5565 of 2025
                                 In
               F/MISC. CIVIL APPLICATION/31605/2025
                                 In
                     R/FIRST APPEAL/1089/2004

 ==========================================
                IRSHADBIBI ABBASALI SHEIKH (BELDAR)
                               Versus
                           UNION OF INDIA
 ==========================================
 Appearance:
 MS POOJA PANCHAL FOR MR DHARMESH V SHAH(1050) for the
 Applicant(s) No. 1
 MS ARCHANA U AMIN(2462) for the Respondent(s) No. 1
 ==========================================
   CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK

                                              Date : 15/01/2026

                                                   ORAL ORDER

 1.         The present application is 0led to condone the delay of 61 days
 occurred in 0ling the Misc. Civil Application for restoration of the 0rst
 appeal, which was dismissed for want of prosecution on 09.07.2025.

 2.         The Court, having heard learned counsel for the applicant and
 considered the explanation made in the application, 0nds that the
 su:cient cause is made out to condone the delay.

 4.         In view of the above, the delay occurred in 0ling the Misc. Civil
 Application is condoned. The application stands disposed of
 accordingly.

                                                                      (HEMANT M. PRACHCHHAK,J)
 V.R. PANCHAL

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: VIJAYKUMAR RAMESHBHAI PANCHAL(HC00171), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 15/01/2026 16:51:07


                                                          Page 1 of 1

Search Indian case law

Ask in plain English, not just keywords. 25,000 AI words free, no card.

Try "condonation of delay"Sign in to search