Late Gangaben Manilal Patel Through Lh ... vs Kantilal Jagubhai Patel

Citation : 2025 Latest Caselaw 6090 Guj
Judgement Date : 25 April, 2025

Gujarat High Court

Late Gangaben Manilal Patel Through Lh ... vs Kantilal Jagubhai Patel on 25 April, 2025

                                                                                                             NEUTRAL CITATION




                               C/CA/2302/2025                                ORDER DATED: 25/04/2025

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                                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                          R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 2302 of
                                                     2025

                                       In F/MISC. CIVIL APPLICATION NO. 12271 of 2025

                                                             With
                                         F/MISC. CIVIL APPLICATION NO. 12271 of 2025
                                                              In
                                             F/SECOND APPEAL NO. 2549 of 2025
                       ==========================================================
                            LATE GANGABEN MANILAL PATEL THROUGH LH BHANUMATIBEN
                                   THAKORBHAI PATEL D/O MANILAL PATEL & ORS.
                                                    Versus
                                        KANTILAL JAGUBHAI PATEL & ANR.
                       ==========================================================
                       Appearance:
                       MR HARMIN D SHAH(10721) for the Applicant(s) No. 1,2,3
                       PARESH M MODI(9511) for the Applicant(s) No. 1,2,3
                       ==========================================================

                          CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                                         Date : 25/04/2025

                                                          ORAL ORDER

1. The present application has been filed seeking condonation of delay of 4 days caused in preferring the restoration application being F/Misc Civil Application No.12271 of 2025 which has been filed to restore the appeal being F/ Second Appeal No.2549 of 2025 being dismissed on account of non-removal of office objections though two weeks time granted by this Court for removal of office objections.

2. Learned advocate for the applicants submitted that delay of 04 days caused in preferring the restoration application is procedural delay since the time is consumed in getting certified copy of the judgment and order passed by the Court below. Learned advocate submitted that since the delay is not an intentional delay, the present Page 1 of 2 Uploaded by MISHRA AMIT V.(HC00187) on Mon Apr 28 2025 Downloaded on : Tue Apr 29 07:43:53 IST 2025 NEUTRAL CITATION C/CA/2302/2025 ORDER DATED: 25/04/2025 undefined application may be allowed.

3. Having heard learned advocate for the applicants and having gone through the contents of the application, more particularly paras:2, 3, 4, 5 and 6, it appears that the reasons for delay have satisfactorily been explained by the applicants. Hence, the present application is allowed. Delay of 04 days caused in filing restoration application is hereby condoned.

4. Office objections to be removed within a period of one week from receipt of copy of this order.

(SANJEEV J.THAKER,J) MISHRA AMIT V. Page 2 of 2 Uploaded by MISHRA AMIT V.(HC00187) on Mon Apr 28 2025 Downloaded on : Tue Apr 29 07:43:53 IST 2025