Gujarat High Court
Mayursinh Bhupatsinh Vaghela vs Poonamsinh Babaji Solanki on 21 April, 2025
Author: Sunita Agarwal
Bench: Sunita Agarwal
NEUTRAL CITATION
C/CA/1322/2025 ORDER DATED: 21/04/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1322 of
2025
In R/LETTERS PATENT APPEAL NO. 588 of 2025
==========================================================
MAYURSINH BHUPATSINH VAGHELA
Versus
POONAMSINH BABAJI SOLANKI & ORS.
==========================================================
Appearance:
MR MEHUL SHARAD SHAH(773) for the Applicant(s) No. 1
ARCHANABEN B GOSWAMI(8154) for the Respondent(s) No. 2,4,4.1
MS. HETAL PATEL, ASSISTANT GOVERNMENT PLEADER for the
Respondent(s) No. 5,6,7,8
K K MAGHNANI(7543) for the Respondent(s) No. 3,4.2,4.3
MR HK THAKOR(6182) for the Respondent(s) No. 1
MR K B MAGHNANI(9673) for the Respondent(s) No. 3,4.2,4.3
==========================================================
CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE
SUNITA AGARWAL
and
HONOURABLE MR. JUSTICE PRANAV TRIVEDI
Date : 21/04/2025
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL) As we have granted Leave to Appeal to the applicant noticing that he was not aware of the proceedings before the Writ Court and further in view of the judgment and order dated 24.11.2022 passed in Special Civil Application No. 11870 of 2019 of this Court, we are of the opinion that filing of delay condonation application is not required in the matter of filing of the present appeal. The Registry cannot insist upon the applicant, whose Leave to Appeal application has already been allowed by this Court, to file appeal with the Page 1 of 2 Uploaded by C.M. JOSHI(HC01073) on Mon Apr 28 2025 Downloaded on : Mon Apr 28 21:46:29 IST 2025 NEUTRAL CITATION C/CA/1322/2025 ORDER DATED: 21/04/2025 undefined delay condonation application explaining the delay in filing the same occurred prior to grant of Leave to file appeal. The order dated 10.02.2025 granting Leave to Appeal contains reasons for granting permission to file appeal ignoring the delay in challenging the judgment and order dated 24.11.2022. There is no further delay as the present appeal was presented within 7 days of grant of Leave to Appeal With the above, the Civil Application seeking condonation of delay in filling the appeal stands disposed of.
(SUNITA AGARWAL, CJ ) (PRANAV TRIVEDI,J) C.M. JOSHI Page 2 of 2 Uploaded by C.M. JOSHI(HC01073) on Mon Apr 28 2025 Downloaded on : Mon Apr 28 21:46:29 IST 2025