Mayursinh Bhupatsinh Vaghela vs Poonamsinh Babaji Solanki
2025 Latest Caselaw 5921 Guj

Gujarat High Court

Mayursinh Bhupatsinh Vaghela vs Poonamsinh Babaji Solanki on 21 April, 2025

Author: Sunita Agarwal

Bench: Sunita Agarwal

                                                                                                            NEUTRAL CITATION




                               C/CA/1322/2025                                ORDER DATED: 21/04/2025

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                                      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                          R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1322 of
                                                     2025

                                         In R/LETTERS PATENT APPEAL NO. 588 of 2025

                        ==========================================================
                                                 MAYURSINH BHUPATSINH VAGHELA
                                                             Versus
                                                POONAMSINH BABAJI SOLANKI & ORS.
                        ==========================================================
                        Appearance:
                        MR MEHUL SHARAD SHAH(773) for the Applicant(s) No. 1
                        ARCHANABEN B GOSWAMI(8154) for the Respondent(s) No. 2,4,4.1
                        MS. HETAL PATEL, ASSISTANT GOVERNMENT PLEADER for the
                        Respondent(s) No. 5,6,7,8
                        K K MAGHNANI(7543) for the Respondent(s) No. 3,4.2,4.3
                        MR HK THAKOR(6182) for the Respondent(s) No. 1
                        MR K B MAGHNANI(9673) for the Respondent(s) No. 3,4.2,4.3
                        ==========================================================

                          CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE
                                SUNITA AGARWAL
                                and
                                HONOURABLE MR. JUSTICE PRANAV TRIVEDI

                                                         Date : 21/04/2025

                                                          ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)

As we have granted Leave to Appeal to the applicant noticing that he was not aware of the proceedings before the Writ Court and further in view of the judgment and order dated 24.11.2022 passed in Special Civil Application No. 11870 of 2019 of this Court, we are of the opinion that filing of delay condonation application is not required in the matter of filing of the present appeal. The Registry cannot insist upon the applicant, whose Leave to Appeal application has already been allowed by this Court, to file appeal with the

NEUTRAL CITATION

C/CA/1322/2025 ORDER DATED: 21/04/2025

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delay condonation application explaining the delay in filing the same occurred prior to grant of Leave to file appeal. The order dated 10.02.2025 granting Leave to Appeal contains reasons for granting permission to file appeal ignoring the delay in challenging the judgment and order dated 24.11.2022. There is no further delay as the present appeal was presented within 7 days of grant of Leave to Appeal

With the above, the Civil Application seeking condonation of delay in filling the appeal stands disposed of.

(SUNITA AGARWAL, CJ )

(PRANAV TRIVEDI,J) C.M. JOSHI