Executive Engineer vs Heirs Of Dwarkabhai Maganbhai
2025 Latest Caselaw 8586 Guj

Gujarat High Court

Executive Engineer vs Heirs Of Dwarkabhai Maganbhai on 10 December, 2025

Author: A.Y. Kogje

Bench: A.Y. Kogje

                                                                                                                   NEUTRAL CITATION




                              C/CA/3486/2025                                        ORDER DATED: 10/12/2025

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                                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                         R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 3486 of
                                                     2025
                                                      In
                                        F/FIRST APPEAL NO. 16668 of 2025

                       ================================================================
                                                   EXECUTIVE ENGINEER
                                                         Versus
                                          HEIRS OF DWARKABHAI MAGANBHAI & ORS.
                       ================================================================
                       Appearance:
                       MR. DEVANG D DAVE(2627) for the Applicant(s) No. 1
                       MS POOJA CHAUDYARY, AGP for the Respondent(s) No. 2
                       RULE SERVED BY DS for the Respondent(s) No. 1.1
                       ================================================================

                         CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
                               and
                               HONOURABLE MR.JUSTICE J. L. ODEDRA

                                                             Date : 10/12/2025

                                               ORAL ORDER

(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)

1. The present application is from group of 10 applications

for condonation of delay, in which in there applications, private

respondent has expired and therefore, in those applications, Civil

Applications (for bringing heirs on record) are filed.

2. This application is filed by the applicant under Section

5 of the Limitation Act for condoning the delay of 819 days in

preferring the appeal against judgment and decree dated

04.11.2022 passed by the Additional Senior Civil Judge,

Gandhinagar in LRC No.32 of 2009.

NEUTRAL CITATION

C/CA/3486/2025 ORDER DATED: 10/12/2025

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3. Rule was issued on 21.08.2025 returnable on

29.09.2025.

4. Learned advocate has drawn attention of this Court to

the contents of paras-3 to 5 of the application and submitted that

the delay has occurred on account of procedural aspects and it is

not intentional.

5. Learned AGP for the respondent formally opposes the

grant of application.

6. Considering the aforesaid, the Court is of the view that

considering the facts involved in the case, delay cannot be treated

as inordinate.

7. Considering the submissions and the contents of the

application mentioned hereinabove, the delay is also explained

sufficiently.

8. A reference in this regard may be made to the

judgment of the Supreme Court in case of Sheo Raj Singh

(Deceased) through Legal Representatives and others vs/. Union of

India and Another, reported in, (2023) 10 SCC 531, wherein the

term "Sufficient Cause" was interpreted and the approach of

Courts while deciding application for condonation of delay was

discussed.

NEUTRAL CITATION

C/CA/3486/2025 ORDER DATED: 10/12/2025

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9. In view of the aforesaid, the application is allowed. The

delay of 819 is hereby condoned. Rule is made absolute.

10. The main appeal is ordered to be listed on 22.12.2025.

Considering the nature of dispute involved, the date of Section 4

notification and other attending circumstances, the Court may

attempt to take First Appeal for final disposal and hence, Registry

is directed to call for the Records and Proceedings so as to reach to

this Court on or before the next date.

(A.Y. KOGJE, J)

(J. L. ODEDRA, J) SHITOLE