Gujarat High Court
Allabaksh Merbanali Makrani vs Mohmmad Shoeb Imtiyaz Shaikh on 15 September, 2025
NEUTRAL CITATION
C/CA/4213/2025 ORDER DATED: 15/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 4213
of 2025
In F/MISC. CIVIL APPLICATION NO. 25172 of 2025
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ALLABAKSH MERBANALI MAKRANI
Versus
MOHMMAD SHOEB IMTIYAZ SHAIKH & ORS.
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Appearance:
NISHIT A BHALODI(9597) for the Applicant(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
Date : 15/09/2025
ORAL ORDER
1. The present application has been preferred for seeking condonation of delay of 46 days in preferring captioned Misc. Civil Application(for restoration), seeking restoration of the main appeal which was preferred against the judgment and award dated 11.01.2022 passed in MACP no.739 of 2014 by the learned MACT(Main) Panchamahals at Godhra.
2. Heard learned counsel for the applicant. Learned counsel for the applicant submitted that the delay of 46 days has occasioned in preferring the application. He further submitted that the application for condonation of delay could not be Page 1 of 2 Uploaded by MR.CHIRAG DESHRAJ PAL(HCD0072) on Thu Sep 18 2025 Downloaded on : Thu Sep 18 22:49:54 IST 2025 NEUTRAL CITATION C/CA/4213/2025 ORDER DATED: 15/09/2025 undefined preferred in time, therefore, the appeal was dismissed for non- removal of office objection. He further submitted that the delay has neither intentional nor malafide, foregoing reasons mentioned in the para-3,4 and 5 of the application.
3. Having regard to the reason stated above, I am of the considered that the delay has been sufficiently explained. In view of the judgment of the Hon'ble Apex Court in the case of Collector Land Acquisition, Anantnag and Anr Vs MST. Katiji and Ors. reported in AIR 1987 SC 1353, and having regard to the facts and circumstances of the case, the delay is hereby condoned.
4. No order as to costs.
(MOOL CHAND TYAGI, J) CDP Page 2 of 2 Uploaded by MR.CHIRAG DESHRAJ PAL(HCD0072) on Thu Sep 18 2025 Downloaded on : Thu Sep 18 22:49:54 IST 2025