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HIGH COURT OF GUJARAT
MR. JUSTICE ANIRUDDHA P. MAYEE, J
Pradipgiri Gurushri Ravindragiri – Appellant
Versus
Joint Charity Commissioner – Respondent
JUDGMENT :
1. RULE. Ms. Hetal Patel, learned AGP waives service of rule for the respondents.
2. The present Special Civil Application impugns the order dated 31.12.2024 passed below Exh.14 in Civil Misc. Application (Delay) No.10 of 2023 passed by the learned 3rd Additional District Judge, Visavadar whereby the delay condonation application of the petitioners has been dismissed.
3. The brief facts of the petitioners case are that, the petitioner No.1’s grandfather was Garasdar of Mangnath, Pipli village. As per the order dated 16.10.1951 passed by the Mamlatdar, the subject land had been given to the petitioner No.1’s grandfather for cultivation as per the provisions of Barkhali (Abolition) Act, 1951. That the said land came to be included as a land of the Trust at the time of its registration. That the land was mistakenly included as Trust property. That thereafter the petitioner No.1’s Guru had filed Application No.58 of 2000 under Section 22A of the Bombay Public Trust Act, 1950 before the learned Assistant Charity Commissioner to remove the subject land from the list of property of the Trust as it was included by mistake. That vide order dated 02.06.2000, the learned Assistant Cha
The court ruled that the petitioners failed to demonstrate sufficient cause for condoning a significant delay in challenging a Trust property order, affirming the lower court's decision.
Application for mutation – Condonation of delay - The term "sufficient cause" is to receive liberal construction to advance substantial justice, when no negligence, inaction or want of bona fide is a....
Point of law: While considering the application for condonation of delay no straight jacket formula is prescribed to come to the conclusion if sufficient and good grounds have been made out or not. E....
Delay in appeal condonation must be considered based on the substantive reasoning provided by appellants, not misconstrued reliance on co-trustee action.
Restoration of Special Civil Suit – Entertaining application filed at behest of a stranger for condonation of delay in filing application for restoration of subject suit is totally unsustainable in l....
Delay in appeals under the Maharashtra Public Trusts Act can be condoned if sufficient cause is established, harmonizing provisions of the Act with the Limitation Act.
The court emphasized the need for a satisfactory explanation for delay and cautioned against rendering statutory provisions redundant and inoperative.
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