Tulsibhai Shantilal Baria vs Deputy Executive Engineer
2026 Latest Caselaw 175 Guj

Gujarat High Court

Tulsibhai Shantilal Baria vs Deputy Executive Engineer on 20 January, 2026

Author: Bhargav D. Karia

Bench: Bhargav D. Karia

                                                                                                               NEUTRAL CITATION




                             C/CA/227/2026                                    ORDER DATED: 20/01/2026

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                                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                           R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 227 of
                                                        2026
                                      In F/LETTERS PATENT APPEAL/35914/2025
                                     In R/SPECIAL CIVIL APPLICATION/3051/2020
                      ==========================================================
                                                 TULSIBHAI SHANTILAL BARIA
                                                           Versus
                                             DEPUTY EXECUTIVE ENGINEER & ORS.
                      ==========================================================
                      Appearance:
                      MR DIPAK R DAVE(1232) for the Applicant(s) No. 1
                      MS SHRUJAL SHAH AGP for the Respondent(s) No. 1
                      ==========================================================

                       CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA
                             and
                             HONOURABLE MR.JUSTICE L. S. PIRZADA

                                                         Date : 20/01/2026

                                              ORAL ORDER

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

1. Heard learned advocate Mr.Dipak R. Dave for the

applicant and learned Assistant Government Pleader

Ms.Shrujal Shah for the respondent.

2. Rule returnable forthwith. Learned Assistant

Government Pleader Ms.Shrujal Shah waives service of notice

of Rule on behalf of the respondent.

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

1963, the applicant seeks condonation of delay of 53 days

caused in filing the captioned Letters Patent Appeal against

NEUTRAL CITATION

C/CA/227/2026 ORDER DATED: 20/01/2026

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the judgment dated 28.08.2025 passed in Special Civil

Application No.3051 of 2020.

4. Having regard to the submissions advanced by the

learned advocate for the applicant 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 captioned Letters Patent Appeal has been

sufficiently explained.

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

allowed. The delay caused in filing the captioned 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) Hitesh