State Of Gujarat vs Bhavnaben Sanmukhbhai Patel
2021 Latest Caselaw 6143 Guj

      C/LPA/462/2021                                     IA ORDER DATED: 16/06/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


 CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1 of 2019
                                In
            R/LETTERS PATENT APPEAL NO. 462 of 2021
         In R/SPECIAL CIVIL APPLICATION NO. 9421 of 2008
                               With
            CIVIL APPLICATION (FOR STAY) NO. 2 of 2019
                                In
            R/LETTERS PATENT APPEAL NO. 462 of 2021
         In R/SPECIAL CIVIL APPLICATION NO. 9421 of 2008
                               With
            R/LETTERS PATENT APPEAL NO. 1566 of 2019
                                In
            SPECIAL CIVIL APPLICATION NO. 4060 of 2009
==========================================================

STATE OF GUJARAT Versus BHAVNABEN SANMUKHBHAI PATEL ========================================================== Appearance:

MR TRUPESH KATHARIYA, AGP for the PETITIONER(s) No. MR KK TRIVEDI for the RESPONDENT(s) No. ==========================================================

CORAM:HONOURABLE MR. JUSTICE J.B.PARDIWALA and HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

Date : 16/06/2021

IA ORDER (PER : HONOURABLE MR. JUSTICE J.B.PARDIWALA)

1. This civil application is at the instance of the original respondents No.1 to 5 of the writ application filed by the opponents herein (original writ applicants) seeking condonation of delay of 3673 days (almost ten years) in filing the Letters Patent Appeal against the judgment and order passed by the learned Single Judge dated 27.11.2008 in the Special Civil Application

C/LPA/462/2021 IA ORDER DATED: 16/06/2021

No.9421, by which the learned Single Judge allowed the writ application filed by the original writ applicants.

2. Having heard Mr. Trupesh Kathariya, the learned AGP appearing for the applicants and Mr. K. K. Trivedi, the learned counsel appearing for the opponents and also having gone through the averments made in the civil application seeking condonation of delay, we are of the view that the applicants have failed to assign any sufficient cause worth the name to condone the delay of almost a period of ten years.

3. In the result, this civil application fails and is hereby rejected. As the civil application seeking condonation of delay has been rejected, the civil application for stay and the main appeal also stand disposed of.

(J. B. PARDIWALA, J)

(VAIBHAVI D. NANAVATI,J) K.K. SAIYED