Balbhadrasinh Dilawarsinh Gohil vs State Of Gujarat
2023 Latest Caselaw 4060 Guj

     C/CA/433/2023                                ORDER DATED: 05/06/2023




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                     R/CIVIL APPLICATION NO. 433 of 2023

            In F/LETTERS PATENT APPEAL NO. 35503 of 2022

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                     BALBHADRASINH DILAWARSINH GOHIL
                                  Versus
                            STATE OF GUJARAT
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Appearance:
MR HARDIP MAHIDA for TANNA ASSOCIATES(1410) for the Applicant(s)
No. 1,2,3,4
for the Respondent(s) No. 2,3
MR ADITYA PATHAK, AGP for the Respondent(s) No. 1

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 CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
       and
       HONOURABLE MR. JUSTICE J. C. DOSHI

                              Date : 05/06/2023

                                ORAL ORDER

(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA)

Heard learned advocate Mr.Hardip Mahida for the Tanna Associates for the applicant and learned Assistant Government Pleader Mr.Aditya Pathak for the respondent appearing upon service of copy of the application in advance.

2. It is to condone delay of fifty-nine days which has taken place in preferring the Letters Patent Appeal against the judgment and order of learned single Judge dated 21.7.2022 in Special Civil Application No.3088 of 2021 that the present application is filed, it is submitted that there were thirty-one

C/CA/433/2023 ORDER DATED: 05/06/2023

petitioners before they could co-ordinate to finally instruct the advocate to file the appeal, the time passed by to result into the delay of fifty-nine days.

3. In the facts of the case and having regard to the averments made in the application, it could not be said that the delay is deliberate or attributable to any culpability on part of the applicants. Sufficient cause is made out to condone the delay of fifty-nine days.

Accordingly, delay is condoned. The present application is allowed.

(N.V.ANJARIA, J)

(J. C. DOSHI,J) Manshi