Gujarat Rural Housing Board vs Labhuben Bhikhabhai
2025 Latest Caselaw 8009 Guj

Gujarat High Court

Gujarat Rural Housing Board vs Labhuben Bhikhabhai on 17 November, 2025

                                                                                                                 NEUTRAL CITATION




                               C/CA/4678/2025                                     ORDER DATED: 17/11/2025

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                                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                          R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 4678 of
                                                      2025

                                                In F/FIRST APPEAL NO. 19980 of 2025

                       ==========================================================
                                                 GUJARAT RURAL HOUSING BOARD
                                                            Versus
                                                  LABHUBEN BHIKHABHAI & ORS.
                       ==========================================================
                       Appearance:
                       MR AR THACKER(888) for the Applicant(s) No. 1
                       SHIVANG A THACKER(7424) for the Applicant(s) No. 1
                       ==========================================================

                          CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER

                                                              Date : 17/11/2025
                                                               ORAL ORDER

1. This application is filed under Section 5 of the Limitation

Act for condonation of delay of 5798 days occurred in filing the

first appeal challenging the order dated 31.12.2010 passed by

the learned Principal Senior Civil Judge, Gandhinagar in Land

Reference Case No.119 of 2003.

2. Learned advocate Mr. Amit Ghorpade for learned advocate

Mr. Thacker for the applicants submits that delay of 5798 days

occurred on the ground that the inward Clerk of the office of the

applicant has misplaced the communication addressed by the

LAQ Officer of the respondent No.4 to the applicant with regard

to the passing of the judgment and award. It is only after filing of

execution application i.e. in the year 2018 that the applicant

NEUTRAL CITATION

C/CA/4678/2025 ORDER DATED: 17/11/2025

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came into the knowledge with regard to the impugned judgment

and award. On that ground, learned advocate Mr. Ghorpade prays

for condonation of the delay of 5798 days caused in filing the

first appeal.

3. Considering the submissions made by the learned advocate

Mr. Ghorpade, it emerges that the impugned award under

challenge was passed on 31.12.2010, whereas present

application along with first appeal came to be filed on 23.06.2025

which was registered on 03.09.2025. It further emerges that

except one word with regard to the missing of communication,

no other explanation offered in the application. Additionally,

learned advocate Mr. Thacker has submitted that during the

execution proceedings the amount deposited by the present

applicants has already been disbursed in favour of the claimant

and in that background, no purpose would survive to entertain

this application. Hence, the present application is rejected.

4. Since this application is rejected, the captioned appeal does

not survive and the same is also rejected.

(M. K. THAKKER,J) Vikramsinh Amarsinh