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2026 Supreme(Online)(Guj) 1485

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Bhargav D. Karia, L. S. Pirzada, JJ
STATE OF GUJARATV/sRATHVA BABUBHAI KARSHANBHAI
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 998 of 2026 | F/LETTERS PATENT APPEAL/5731/2026 | R/SPECIAL CIVIL APPLICATION/14438/2020



Advocates:
For the Appellants/Petitioners: Shruti Dhruve
For the Respondents: Mamta R Vyas, KB Pujara

The court condoned a delay of 159 days in filing a Letters Patent Appeal under Section 5 of the Limitation Act, 1963, ruling that the delay was sufficiently explained based on the averments in the application.

Headnote:The applicants filed an application under Section 5 of the Limitation Act, 1963, seeking condonation of a 159-day delay in filing a Letters Patent Appeal against the oral orders dated 14.08.2025 and 18.09.2025 passed in Special Civil Application No. 14438 of 2020. The court took on record the affidavit-in-reply raising objections against the condonation of delay. The primary issue was whether the delay of 159 days in filing the appeal was sufficiently explained. The court observed that having regard to the submissions and the averments made in the memorandum of application, the delay caused in filing the Letters Patent Appeal had been sufficiently explained. The application, therefore, succeeds and is, accordingly, allowed. The delay caused in filing the Letters Patent Appeal is hereby condoned.

Table of Content
1. procedural requirements for filing an application for condonation of delay under the limitation act. (Para 1 , 2 , 3 , 4)
2. condonation of delay upon finding that the delay was sufficiently explained. (Para 5 , 6 , 7)

ORAL ORDER

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

1. Heard learned advocate Ms.Mamta R. Vyas appearing for learned advocate Mr.K.B. Pujara for the respondents and learned Assistant Government Pleader Ms.Shruti Dhruve for the applicants.

2. Learned advocate Ms.Mamta R. Vyas for the respondents has tendered the affidavit-in-reply raising objections against condonation of delay. The affidavit-in-reply is ordered to be taken on record.

3. Rule returnable forthwith. Learned advocate Ms. Mamta R. Vyas waives service of notice of rule on behalf of the respondents.

4. By this application under section 5 of the Limitation Act, 1963, the applicants seeks condonation of delay of 159 days caused in filing the captioned Letters Patent Appeal against the oral order dated 14.08.2025 and 18.09.2025 passed by the learned Single Judge of this Hon’ble Court in Special Civil Application No.14438 of 2020.

5. 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.

6. The application, therefore, succeeds and is, accordingly, allowed. The delay caused in filing the Letters Patent Appeal is hereby condoned.

7. Rule is made absolute accordingly with no order as to costs.

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