Allabaksh Merbanali Makrani vs Mohmmad Shoeb Imtiyaz Shaikh
2025 Latest Caselaw 6632 Guj

Gujarat High Court

Allabaksh Merbanali Makrani vs Mohmmad Shoeb Imtiyaz Shaikh on 15 September, 2025

                                                                                                             NEUTRAL CITATION




                             C/CA/4213/2025                                   ORDER DATED: 15/09/2025

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                                IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 4213
                                               of 2025

                                 In F/MISC. CIVIL APPLICATION NO. 25172 of 2025

                      ==========================================================
                                          ALLABAKSH MERBANALI MAKRANI
                                                     Versus
                                       MOHMMAD SHOEB IMTIYAZ SHAIKH & ORS.
                      ==========================================================
                      Appearance:
                      NISHIT A BHALODI(9597) for the Applicant(s) No. 1
                      ==========================================================

                        CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI

                                                        Date : 15/09/2025

                                                            ORAL ORDER

1. The present application has been preferred for seeking

condonation of delay of 46 days in preferring captioned Misc.

Civil Application(for restoration), seeking restoration of the main

appeal which was preferred against the judgment and award

dated 11.01.2022 passed in MACP no.739 of 2014 by the learned

MACT(Main) Panchamahals at Godhra.

2. Heard learned counsel for the applicant. Learned counsel

for the applicant submitted that the delay of 46 days has

occasioned in preferring the application. He further submitted

that the application for condonation of delay could not be

NEUTRAL CITATION

C/CA/4213/2025 ORDER DATED: 15/09/2025

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preferred in time, therefore, the appeal was dismissed for non-

removal of office objection. He further submitted that the delay

has neither intentional nor malafide, foregoing reasons

mentioned in the para-3,4 and 5 of the application.

3. Having regard to the reason stated above, I am of the

considered that the delay has been sufficiently explained. In view

of the judgment of the Hon'ble Apex Court in the case of

Collector Land Acquisition, Anantnag and Anr Vs MST. Katiji

and Ors. reported in AIR 1987 SC 1353, and having regard to

the facts and circumstances of the case, the delay is hereby

condoned.

4. No order as to costs.

(MOOL CHAND TYAGI, J) CDP