Citation : 2025 Latest Caselaw 2458 Guj
Judgement Date : 11 August, 2025
NEUTRAL CITATION
C/CA/3632/2025 ORDER DATED: 11/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 3632 of
2025
In F/FIRST APPEAL NO. 17742 of 2025
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MOTA ANILBHAI HARIRAMBHAI RAJGOR
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR Y J PATEL(3985) for the Applicant(s) No. 1
MR. NARENDRASINH ZALA(14072) for the Applicant(s) No. 1
MR RAHUL DAVE, AGP for the Respondent(s) No. 1,2,3
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CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 11/08/2025
ORAL ORDER
1. This application is filed under Section 5 of the
Limitation Act, 1963 for condonation of delay of 115 days
caused in preferring the first appeal.
2. Heard learned advocate Mr.Y. J. Patel for the
applicant and learned AGP Mr.Rahul Dave for the
respondent - State.
3. Learned advocate for the applicant submitted that
the after judgment and order passed by the learned
Presiding Officer, Rajkot in Land Reference Case No.219
of 2020 present applicant met his lawyer and obtained
necessary documents but entire paper with exhibit
NEUTRAL CITATION
C/CA/3632/2025 ORDER DATED: 11/08/2025
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documents were not available with the concerned lawyer
and therefore, some time was consumed in challenging
the impugned order. It is further submitted that the delay
is not intentional and there was no lethargy on the part of
the applicant.
4. Per contra, learned AGP for the respondent - State
has 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 cause of delay has sufficiently been made
out. Hence, the delay is condoned.
6. The application is allowed and stands disposed of.
(D. M. DESAI,J) KKN
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