Gujarat High Court
Maganbhai Govindbhai vs State Of Gujarat on 19 September, 2025
Author: A.Y. Kogje
Bench: A.Y. Kogje
NEUTRAL CITATION
C/CA/1647/2025 ORDER DATED: 19/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1647 of
2025
In F/FIRST APPEAL NO. 15468 of 2023
With
CIVIL APPLICATION (FOR AMENDMENT) NO. 1 of 2025
In R/CIVIL APPLICATION NO. 1647 of 2025
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MAGANBHAI GOVINDBHAI & ORS.
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR KRUSHNAKANT D PATEL(10632) for the Applicant(s) No.
1,2,2.1,2.2,2.3,2.4
MR TEJAS P SATTA(3149) for the Applicant(s) No. 1,2,2.1,2.2,2.3,2.4
MR. SHIVAM DIXIT, for the Respondent(s) No. 1,2,3
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CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
and
HONOURABLE MR.JUSTICE J. L. ODEDRA
Date : 19/09/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)
1. Rule. This application is filed by the applicant under
Section 5 of the Limitation Act for condoning the delay of
725 days in preferring the appeal.
2. Learned advocate has drawn attention of this Court
to the contents of the application, wherein it stated that
the applicants have preferred the present First Appeal for
enhancement of compensation. However, there has been
a delay and therefore, the applicants preferred the civil
application for condonation of delay, but afterward which
was withdrawn with the liberty to file a fresh civil
NEUTRAL CITATION
C/CA/1647/2025 ORDER DATED: 19/09/2025
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application for same cause with better particulars on
12.09.2023. Thereafter, the present application is filed. It
is submitted that other claimants of the same group
whose Lands Acquired under the same acquisition
informed about such proceeding and the applicant came
to know about such proceeding and the applicants
contacted to the advocate for further proceeding of the
matter. Thus, the present application for condonation of
delay is being filed.
3. Therefore, learned advocate has drawn attention of
this Court to the reasons for which delay has occurred.
4. Learned AGP for the respondent formally opposes
the grant of application.
5. Considering the aforesaid, particularly, period of
725 days of delay, the Court is of the view that
considering the facts involved in the case, delay cannot
be treated as inordinate.
6. Considering the submissions and the contents of the
para mentioned hereinabove, the delay is also explained
sufficiently.
7. 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
NEUTRAL CITATION
C/CA/1647/2025 ORDER DATED: 19/09/2025
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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.
8. In view of the aforesaid, the application is allowed.
The delay of 725 days caused in preferring the appeal is
hereby condoned. Rule is made absolute to the aforesaid
extent. Registry is directed to list the main appeal in due
course.
ORDER IN CIVIL APPLICATION NO.1 OF 2025
1. The present application is filed for following reliefs:-
"A. The Hon'ble Court be pleased to grant this Draft
Amendment and application maybe heard on merits.
2. It is submitted that the applicants have preferred the
present First Appeal for enhancement of compensation.
However, there has been a delay and therefore, the
applicants preferred the civil application for condonation
of delay, but afterward which was withdrawn with the
liberty to file a fresh civil application for same cause with
better particulars on 12.09.2023.Thereafter application
for condonation of delay is filed, but due to typographical
error, the delay of 725 days is mentioned instead of 1441
days. Hence, the present application is filed for
amendment in the prayer clause.
NEUTRAL CITATION
C/CA/1647/2025 ORDER DATED: 19/09/2025
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3. Considering the averments made in the application,
the present application is allowed. The delay mentioned
in prayer clause No.20(B) in Civil Application No.1647 of
2025 is rectified to '1441 days' instead of 725 days.
(A.Y. KOGJE, J)
(J. L. ODEDRA, J)
SIDDHARTH
