Chandabu Wd/O Late Harun H. Saiyad vs Senior Post Master
2025 Latest Caselaw 4831 Guj

Gujarat High Court

Chandabu Wd/O Late Harun H. Saiyad vs Senior Post Master on 17 June, 2025

Author: A.S. Supehia

Bench: A.S. Supehia

                                                                                                                      NEUTRAL CITATION




                             C/CA/639/2025                                            ORDER DATED: 17/06/2025

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                               IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                           R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO.
                                                639 of 2025
                               In F/LETTERS PATENT APPEAL NO. 17645 of 2024
                      =============================================
                                   CHANDABU WD/O LATE HARUN H. SAIYAD & ORS.
                                                    Versus
                                             SENIOR POST MASTER
                      =============================================
                      Appearance:
                      MR ANAND B GOGIA(5849) for the Applicant(s) No. 1,2,3
                      MS KAJAL L KALWANI(6623) for the Applicant(s) No. 1,2,3
                      MR HARSHEEL D SHUKLA(6158) for the Respondent(s) No. 1
                      =============================================
                       CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
                               and
                               HONOURABLE MR.JUSTICE R. T. VACHHANI
                                         Date : 17/06/2025
                                           ORAL ORDER

(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)

1. The present application has been filed seeking condonation of delay of 80 days in filing the captioned Letters Patent Appeal.

2. Pursuant to the order dated 09.04.2025, learned advocate Mr.Anand B. Gogia, has filed an additional affidavit explaining the delay of 80 days in filing the appeal. In the said affidavit, the following averments are made explaining the delay caused in filing the appeal.

"3. In compliance to the above said order, I say and submit as under;-

(i) Common oral judgment in R/SCA NO.16708/2018 with R/SCA No. 18455/2018 was pronounced on 23.02.2024.

(ii) Certified copy of oral judgment as above, was applied on 14.03.2024 copy of status obtained from official website of High Court is annexed as Annexure- A.

NEUTRAL CITATION

C/CA/639/2025 ORDER DATED: 17/06/2025

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(iii) F/LPA No. 17645 of 2024 was filed on 12.06.2024.

(iv) 10.05.2024 was public holiday (Bhagvan Shri Parshuram Jayanti) on 11th and 12th May, 2024 Courts were closed, being second Saturday and Sunday.

(v) From 13th May to 7th June was vacation period.

(vi) 8th and 9th June, 2024 Courts were closed being second Saturday and Sunday.

(vii) After the vacation was over, the Courts started working on and from 10.06.2024.

4. F/LPA No. 17645/2024 was filed on 12.06.2024, It could not be filed by the office of Ld. Advocate on the bonafide belief that during vacation period, the filing of fresh matters are not allowed. And therefore, it could not be filed on such unintentional and bonafide belief. Considering the delay (including the period of summer vacation) there is delay of 80 days in filing the LPA."

3. Having heard the learned advocates appearing for the respective parties and considering the averments as quoted hereinabove, in the interest of justice, the present application is allowed. Delay of 80 days caused in preferring Letters Patent Appeal in captioned writ petition is hereby condoned.

4. Registry is directed to pakka number to the captioned Letters Patent Appeal and list the same in seriatim.

Sd/-

(A. S. SUPEHIA, J)

Sd/-

(R. T. VACHHANI, J) MAHESH/19