Manharbhai Sukajibhai Baria - Deceased ... vs Deputy Executive Engineer
2026 Latest Caselaw 556 Guj

Gujarat High Court

Manharbhai Sukajibhai Baria - Deceased ... vs Deputy Executive Engineer on 16 February, 2026

Author: Bhargav D. Karia

Bench: Bhargav D. Karia

                                                                                                               NEUTRAL CITATION




                              C/CA/762/2026                                    ORDER DATED: 16/02/2026

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                             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO.
                                                762 of 2026
                               In F/LETTERS PATENT APPEAL/849/2026
                             In R/SPECIAL CIVIL APPLICATION/2973/2020
                      =================================================
                        MANHARBHAI SUKAJIBHAI BARIA - DECEASED THROUGH
                                             LEGAL HEIRS & ANR.
                                                   Versus
                                  DEPUTY EXECUTIVE ENGINEER & ORS.
                      =================================================
                      Appearance:
                      MR SD MOTWANI for MR DIPAK R DAVE(1232) for the
                      Applicant(s) No. 1,1.1
                      MS SHRUNJAL SHAH AGP for the Respondent(s) No. 1,2,3,4
                      =================================================
                       CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA
                               and
                               HONOURABLE MR.JUSTICE L. S. PIRZADA

                                                        Date : 16/02/2026

                                                               ORAL ORDER

(PER : HONOURABLE MR. JUSTICE BHARGAV D. KARIA)

1. Heard learned advocate Mr.S.D. Motwani appearing for

learned advocate Mr.Dipak R. Dave for the applicants and

learned Assistant Government Pleader Ms.Shrunjal Shah

for the respondents.

2. Rule returnable forthwith. Learned Assistant Government

Pleader Ms.Shrunjal Shah waives service of notice of rule

on behalf of the respondents.

3. By this application under section 5 of the Limitation Act,

NEUTRAL CITATION

C/CA/762/2026 ORDER DATED: 16/02/2026

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1963, the applicants seeks condonation of delay of 98 days

caused in filing the captioned Letters Patent Appeal against

the impugned oral judgment dated 28.08.2025 passed by

the learned Single Judge in Special Civil Application

No.2973 of 2020.

4. Having regard to the submissions advanced by the learned

advocate for the applicants and more particularly,

considering the averments made in the memorandum of

application, the Court is of the view that the delay caused

in filing the Letters Patent Appeal has been sufficiently

explained.

5. The application, therefore, succeeds and is, accordingly,

allowed. The delay caused in filing the Letters Patent

Appeal is hereby condoned.

6. Rule is made absolute accordingly with no order as to

costs.

(BHARGAV D. KARIA, J)

(L. S. PIRZADA, J) DIKSHA