Gujarat High Court
Patelvasantkumar Revabhai vs State Of Gujarat on 1 December, 2025
NEUTRAL CITATION
C/CA/5610/2025 ORDER DATED: 01/12/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 5610 of
2025
In F/FIRST APPEAL NO. 33374 of 2025
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PATELVASANTKUMAR REVABHAI & ANR.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR ADITYA S PATEL(12087) for the Applicant(s) No. 1,2
BHAVESH DESAI AGP for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 01/12/2025
ORAL ORDER
1. Rule returnable forthwith. Learned AGP Mr. Desai waives service of notice of Rule on behalf of respondents.
2. This application is filed under Section 5 of the Limitation Act for condonation of delay of 1176 days occurred in filing the captioned first appeal
3. Learned advocate Mr. Patel for the applicants submits that after the passing of the judgment dated 13.05.2022, under the wrong advice, review application came to be filed before the learned Principal Senior Civil Judge, Bayad, which came to be rejected by the learned Court on 01.08.2025. Learned advocate Mr. Patel further submits that as they had approached the wrong forum, the delay was caused of 1176 days in filing the first appeal Page 1 of 3 Uploaded by Vikramsinh Amarsinh(HCW0055) on Thu Dec 04 2025 Downloaded on : Thu Dec 04 21:05:48 IST 2025 NEUTRAL CITATION C/CA/5610/2025 ORDER DATED: 01/12/2025 undefined and therefore, it is prayed that the present application may be allowed.
4. Per contra, learned AGP Mr. Desai for the respondents has opposed the application for condonation of delay.
5. This Court has referred to the decision rendered by the Hon'ble Apex Court in the case of Laxmi Srinivasa R&P Boiled Rice Mill v. State, reported in 2022 SCC OnLine SC 1790, wherein it is held as under.
"3. It is an accepted position that the appellant had filed a writ petition before the High Court on February 24, 2018, which was not entertained vide the order dated March 7, 2018 on the ground that the appellant should approach the appellate authority. The appellant is entitled to ask for exclusion of the said period in terms of section 14 of the Limitation Act, 1963. Exclusion of time is different, and cannot be equated with condonation of delay. The period once excluded, cannot be counted for the purpose of computing the period for which delay can be condoned. Of course for exclusion of time under section 14 of the Limitation Act, 1963, the conditions stipulated in section 14 have to be satisfied.
4. In the facts of the present case, we find that the period from the date of filing of the writ petition on February 24, 2018 and the date on which it was dismissed as not entertained, viz., March 7, 2018, should Page 2 of 3 Uploaded by Vikramsinh Amarsinh(HCW0055) on Thu Dec 04 2025 Downloaded on : Thu Dec 04 21:05:48 IST 2025 NEUTRAL CITATION C/CA/5610/2025 ORDER DATED: 01/12/2025 undefined have been excluded. The writ proceedings were maintainable, but not entertained. Bona fides of the appellant in filing the writ petition are not challenged. Further, immediately after the dismissal of the writ petition, the appellant did file an appeal before the appellate authority. On exclusion of the aforesaid period, the appeal preferred by the appellant would be within the condonable period. Accordingly, we direct that the application for condonation of delay filed by the appellant would be treated as allowed. The delay is directed to be condoned."
5.1. Having considered the arguments advanced by learned advocates for the respective parties and considering the aforesaid decision, wherein the Hon'ble Apex Court has held that if the applicant has approached the wrong forum then benefit of delay can be granted in favour of the applicant.
6. In view of above, present application is allowed. The delay of 1176 days occurred in filing the first appeal is hereby condoned. Rule is made absolute.
(M. K. THAKKER,J) Vikramsinh Amarsinh Page 3 of 3 Uploaded by Vikramsinh Amarsinh(HCW0055) on Thu Dec 04 2025 Downloaded on : Thu Dec 04 21:05:48 IST 2025