Gujarat High Court
The Executive Engineer, Building And ... vs Champaben Gordhanbhai Meshiya on 3 July, 2025
NEUTRAL CITATION
C/CA/1359/2025 ORDER DATED: 03/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1359 of
2025
In F/FIRST APPEAL NO. 5965 of 2025
With
R/CIVIL APPLICATION NO. 1362 of 2025
In
F/FIRST APPEAL NO. 5931 of 2025
With
R/CIVIL APPLICATION NO. 1363 of 2025
In
F/FIRST APPEAL NO. 5963 of 2025
With
R/CIVIL APPLICATION NO. 1378 of 2025
In
F/FIRST APPEAL NO. 5961 of 2025
With
R/CIVIL APPLICATION NO. 1379 of 2025
In
F/FIRST APPEAL NO. 5927 of 2025
With
R/CIVIL APPLICATION NO. 1382 of 2025
In
F/FIRST APPEAL NO. 5949 of 2025
With
R/CIVIL APPLICATION NO. 1393 of 2025
In
F/FIRST APPEAL NO. 5936 of 2025
With
R/CIVIL APPLICATION NO. 1395 of 2025
In
F/FIRST APPEAL NO. 5967 of 2025
With
R/CIVIL APPLICATION NO. 1396 of 2025
In
F/FIRST APPEAL NO. 5929 of 2025
With
R/CIVIL APPLICATION NO. 1400 of 2025
In
F/FIRST APPEAL NO. 5947 of 2025
With
R/CIVIL APPLICATION NO. 1410 of 2025
In
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NEUTRAL CITATION
C/CA/1359/2025 ORDER DATED: 03/07/2025
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F/FIRST APPEAL NO. 5951 of 2025
With
R/CIVIL APPLICATION NO. 1412 of 2025
In
F/FIRST APPEAL NO. 5945 of 2025
With
R/CIVIL APPLICATION NO. 1416 of 2025
In
F/FIRST APPEAL NO. 5938 of 2025
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THE EXECUTIVE ENGINEER, BUILDING AND ROAD DEPARTMENT
(PANCHAYAT)
Versus
CHAMPABEN GORDHANBHAI MESHIYA & ORS.
==========================================================
Appearance:
KAASH K THAKKAR(7332) for the Applicant(s) No. 1
MS.DEVANSHI PATEL AGP APPEARED IN C.A.Nos. 1359, 1362, 1363,
1378, 1379, 1382, 1393 of 2025
MR. RAHUL DAVE AGP APPEARED IN C.A.Nos.1395, 1396, 1400, 1410,
1412 & 1416 OF 2025
GOVERNMENT PLEADER for the Respondent(s) No. 2,3
MR KRUSHNAKANT D PATEL(10632) for the Respondent(s) No. 1
MR TEJAS P SATTA(3149) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 03/07/2025
COMMON ORAL ORDER
1. The captioned Civil Applications are filed under Section 5 of the Limitation Act,1963 for condonation of delay of 70 days caused in preferring the First Appeal.
2. Heard learned advocate Mr.Kaash Thakkar for the applicants and learned AGP for the respondent State in respective matter and Mr.Tejas Satta for respondent/s in Page 2 of 4 Uploaded by MANOJ KUMAR(HC01092) on Fri Jul 04 2025 Downloaded on : Sat Jul 05 01:59:16 IST 2025 NEUTRAL CITATION C/CA/1359/2025 ORDER DATED: 03/07/2025 undefined respective matter.
3. Learned advocate for the applicants submitted that the learned Tribunal delivered its judgment on 11.09.2024 and applied for certified copy of judgment on 23.09.2024 and the same was delivered on 25.09.2024. Thereafter, the appellant sought the opinion of their officer regarding the filing of an appeal. It is further submitted that the delay is not intentional and there was no lethargy on the part of the applicants.
4. Per contra, learned advocate for the respondents have opposed the application and submitted that the reasons assigned in the application are not sufficient for condoning the delay
5. Having considered the submissions of both the sides and having considered the averments made in the application, the delay is not intentional and there was no lethargy on the part of the applicants. This court has taken into consideration the view taken by the Hon'ble Supreme Court in catena of decisions that while deciding an application for condonation of delay, liberal and justice orientated approach needs to be adopted so that the Page 3 of 4 Uploaded by MANOJ KUMAR(HC01092) on Fri Jul 04 2025 Downloaded on : Sat Jul 05 01:59:16 IST 2025 NEUTRAL CITATION C/CA/1359/2025 ORDER DATED: 03/07/2025 undefined substantive rights of the parties are not defeated only on the ground of delay. To meet with the equity, delay needs to be condoned. The cause for delay has sufficiently been made out. Hence, the delay is condoned.
6. The present Civil Applications are allowed and stand disposed of accordingly. Rule is made absolute.
7. Registry shall place a copy of this order in each matter.
(D. M. DESAI,J) MANOJ Page 4 of 4 Uploaded by MANOJ KUMAR(HC01092) on Fri Jul 04 2025 Downloaded on : Sat Jul 05 01:59:16 IST 2025