2025 Supreme(Online)(Guj) 12781
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
BHARGAV D. KARIA, J,LSP
STATE OF GUJARAT – Appellant
Versus
GHELUBHA TEMUBHA GOHIL – Respondent
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO.
3035 of 2025 In F/LETTERS PATENT APPEAL NO. 15640 of 2025 With F/LETTERS PATENT APPEAL NO. 15640 of 2025 In R/SPECIAL CIVIL APPLICATION NO. 21909 of 2023 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2025 In F/LETTERS PATENT APPEAL NO. 15640 of 2025 In R/SPECIAL CIVIL APPLICATION NO. 21909 of 2023 With CIVIL APPLICATION (FOR AMENDMENT) NO. 2 of 2025 In F/LETTERS PATENT APPEAL NO. 15640 of 2025 In R/SPECIAL CIVIL APPLICATION NO. 21909 of 2023 =============================================
STATE OF GUJARAT & ANR.
Versus GHELUBHA TEMUBHA GOHIL =============================================
Appearance:
MS. SHRUTI DHRUVE AGP for the Applicant(s) No. 1,2 MR DG SHUKLA(1998) for the Respondent(s) No. 1 =============================================
CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA and HONOURABLE MR.JUSTICE L. S. PIRZADA Date : 01/12/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE BHARGAV D. KARIA)
Heard learned AGP Ms. Shruti Dhruve for the applicants and learned advocate Mr. D. G. Shukla for the Respondent.
Rule returnable forthwith. Learned advocate Mr. D. G.
Shukla waives service of notice of rule on behalf of the opponents.
By this application under section 5 of the Limitation Act, 1963, the applicants seek condonation of delay of 361 days caused in filing the captioned Letters Patent Appeal against the Judgment and Order dated 09.04.2024 passed in Special Civil Application No.21909/2023 by the learned Single Judge.
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.
The application, therefore, succeeds and is, accordingly, allowed. The delay caused in filing the Letters Patent Appeal is hereby condoned.
Rule is made absolute accordingly with no order as to costs.
Registry to list the appeal for admission hearing on
15.12.2025 along with MCA No.2472 of 2024 in Special Civil Application No.21909 of 2023.
(BHARGAV D. KARIA, J)
(L. S. PIRZADA, J)
Jaimin