High Court of Gujarat

PRITALBEN AMITKUMAR VARMA D/O,MAHESHKUMAR PATELversusAMITKUMAR RADHESHYAM SHARMA

Disposal: 33-CA DISPOSED OF
Bench: BHARGAV D KARIAL S PIRZADA

Holding

The court condoned the 172‑day delay in filing the first appeal.

Summary

The petitioner, Pritalben Amitkumar Varma, filed a civil application seeking condonation of a 172‑day delay in filing First Appeal No. 5136/2026. The respondent, Amitkumar Radheshyam Sharma, was represented and waived service of notice of rule. The court examined the averments made in the application and, finding them satisfactory, allowed the condonation. Consequently, the 172‑day delay was condoned, the rule was made absolute, and no costs were awarded. The civil application was thereafter disposed of.

Issues considered

Whether the 172‑day delay in preferring the first appeal can be condoned under the applicable procedural law?

Subjects

condonation of delaycivil procedurefirst appealHigh Court of Gujaratorder

Judgment

     C/CA/920/2026                            ORDER DATED: 30/03/2026




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

  R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 920 of
                               2026
                   In F/FIRST APPEAL/5136/2026
================================================================
     PRITALBEN AMITKUMAR VARMA D/O,MAHESHKUMAR PATEL
                           Versus
               AMITKUMAR RADHESHYAM SHARMA
================================================================
Appearance:
MS MEENA VYAS(3315) for the Applicant(s) No. 1
MR MANISH J PATEL(2131) for the Respondent(s) No. 1
MR RITESH B DAVE(2815) for the Respondent(s) No. 1
===============================================================

 CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA
       and
       HONOURABLE MR.JUSTICE L. S. PIRZADA

                          Date : 30/03/2026

                           ORAL ORDER

       (PER : HONOURABLE MR. JUSTICE BHARGAV D. KARIA)


1.    Heard learned advocate Ms.Meena Vyas for

the applicant and learned advocate Ms.Namrata

Mulchandani for learned advocate Mr.Manish J.

Patel for the respondent.


2.    Issue Rule, returnable forthwith. Learned

advocate Ms.Namrata Mulchandani waives service

of notice of rule for and on behalf of the

respondent.




                              Page 1 of 2
         C/CA/920/2026                                                       ORDER DATED: 30/03/2026




3.       The applicant has filed this application

with a prayer to condone the delay of 172 days

occurred                 in      preferring                    the         captioned                  First

Appeal i.e. F/First Appeal No.5136 of 2026.


4.       Considering                      the         averments                   made           in        the

application, the same is allowed. Accordingly,

the delay of 172 days occurred in preferring

the captioned First Appeal i.e. F/First Appeal

No.5136 of 2026 is hereby condoned. Rule is

made absolute with no orders as to cost.


5.       The          Civil              Application                      is        accordingly,

disposed of.

                                                                            (BHARGAV D. KARIA, J)




                                                                                      (L. S. PIRZADA, J)
PALAK




Original copy of this order has been signed by the Hon'ble Judges.
Digitally signed by: PALAK RAJUBHAI BRAHMBHATT(HC01391), PRIVATE SECRETARY, at High Court of Gujarat on 02/04/2026 17:54:21



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