Shardaben W/O Jagdishbhai Premjibhai vs State Of Gujarat
2026 Latest Caselaw 363 Guj

Gujarat High Court

Shardaben W/O Jagdishbhai Premjibhai vs State Of Gujarat on 3 February, 2026

                                                                                                               NEUTRAL CITATION




                              C/CA/5743/2025                                  ORDER DATED: 03/02/2026

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                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                         R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 5743 of
                                                    2025

                                                    In F/FIRST APPEAL/33378/2025

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                                    SHARDABEN W/O JAGDISHBHAI PREMJIBHAI & ORS.
                                                      Versus
                                             STATE OF GUJARAT & ANR.
                       ==========================================================
                       Appearance:
                       MR ADITYA S PATEL(12087) for the Applicant(s) No. 1,2,3,4
                       MS HIMANI SHAH, ASST. GOVERNMENT PLEADER for the Respondent(s)
                       No. 1,2
                       ==========================================================

                         CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER

                                                          Date : 03/02/2026

                                                           ORAL ORDER

1 Rule returnable forthwith. Learned AGP Ms. Shah waives service of notice of Rule on behalf of respondents.

2 This application is filed under Section 5 of the Limitation Act for condonation of delay of 1176 days occurred in filing the captioned first appeal.

3 Learned advocate Mr. Shah for the applicants submits that after the passing of the judgment dated 13.05.2022, under the wrong advice, review application came to be filed before the learned Principal Senior Civil Judge, Bayad, which came to be rejected by the learned Court on 01.08.2025. Learned advocate Mr. Patel further submits that as they had approached the wrong forum,

NEUTRAL CITATION

C/CA/5743/2025 ORDER DATED: 03/02/2026

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the delay was caused of 1176 days in filing the first appeal and therefore, it is prayed that the present application may be allowed.

4 Per contra, learned AGP Ms. Shah for the respondents has opposed the application for condonation of delay.

5 This Court has referred to the decision rendered by the Apex Court in the case of Laxmi Srinivasa R&P Boiled Rice Mill v. State, reported in 2022 SCC OnLine SC 1790, wherein it is held as under.

5.1 Having considered the arguments advanced by learned advocates for the respective parties and considering the aforesaid decision, wherein the Apex Court has held that if the applicant has approached the wrong forum then benefit of delay can be granted in favour of the applicant.

6 In view of above, present application is allowed. The delay of 1176 days occurred in filing the first appeal is hereby condoned. Rule is made absolute.

(M. K. THAKKER,J) M.M.MIRZA