High Court of Gujarat

RABARI (DESAI) LALJIBHAI MADHABHAIversusSHANTABEN WD/O SAVAJI VARVAJI

Disposal: 53-ALLOWED / GRANTED @ ADM.STAGE
Bench: ILESH VORAR T VACHHANI

Holding

The Court held that the applicant had established sufficient cause, and therefore the 123‑day delay in preferring the first appeal was condoned.

Summary

The applicant filed an application seeking condonation of a 123‑day delay in preferring a criminal appeal. The High Court examined the application and the accompanying office note. Counsel for the applicant argued that sufficient cause existed for the delay. After hearing both sides, the Court found that the applicant had indeed established sufficient cause. Consequently, the Court condoned the delay and allowed the application, disposing of the office note.

Issues considered

Whether a delay of 123 days in filing a criminal appeal can be condoned under the applicable procedural law.

Subjects

condonation of delaycriminal appealprocedural lawHigh Court of Gujaratappeal filing

Judgment

         C/CA/6291/2024                                                                    ORDER DATED: 09/06/2026




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
  R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 6291 of
                                 2024
                    In F/FIRST APPEAL/31570/2024

==========================================================
                          RABARI (DESAI) LALJIBHAI MADHABHAI
                                         Versus
                         SHANTABEN WD/O SAVAJI VARVAJI & ORS.
==========================================================
Appearance:
MR NISARG N TRIVEDI(6144) for the Applicant(s) No. 1
MR SUNIL S JOSHI(2925) for the Respondent(s) No. 3
RULE SERVED for the Respondent(s) No. 2
RULE UNSERVED for the Respondent(s) No. 4
UNSERVED EXPIRED (R) for the Respondent(s) No. 1
==========================================================
     CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
           and
           HONOURABLE MR. JUSTICE R. T. VACHHANI
                         Date : 09/06/2026
                          ORAL ORDER
           (PER : HONOURABLE MR. JUSTICE ILESH J. VORA)
1.        We have perused the present application alongwith the office note.
           By this application, the applicant has prayed for condonation of
           delay of 123 days in preferring criminal appeal.
2.        Having heard learned counsel for the respective parties and
           considering the averments made in the application, the applicant
           has established sufficient cause and therefore, delay in preferring
           the first appeal deserves to be condoned and is hereby condoned.
3.        Accordingly, the present application is allowed in above terms. The
           office note is disposed of accordingly.

                                                                                                    (ILESH J. VORA,J)


                                                                                                 (R. T. VACHHANI, J)
MVP
Original copy of this order has been signed by the Hon'ble Judges.
Digitally signed by: MITESH VIJAYBHAI PANCHAL(HCD0065), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 09/06/2026 17:30:14




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