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2026 Supreme(Online)(Guj) 19552
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Maulik J. Shelat, J
STATE OF GUJARATV/sHIRJI HARJI PATEL
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 2466 of 2026 | F/SECOND APPEAL/11696/2026
Important Points
Subject
Civil Law - Limitation
Act Referred
Headnote
For the Appellants/Petitioners: Chiragkumar Upadhyay
For the Respondents:
| Table of Content |
|---|
| 1. arguments for condonation of delay based on administrative exigencies. (Para 1 , 2 , 3) |
| 2. finding of gross negligence and inordinate delay by the applicant. (Para 4 , 6) |
| 3. legal standards for 'sufficient cause' and the limits of judicial discretion in condoning delay. (Para 7) |
| 4. rejection of the application due to lack of sufficient cause and gross negligence. (Para 8 , 9 , 10 , 11) |
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NEUTRAL CITATION
C/CA/2466/2026 ORDER DATED: 16/06/2026
0.024222172551842114
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 2466
of 2026
In F/SECOND APPEAL/11696/2026
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STATE OF GUJARAT & ORS.
Versus
HIRJI HARJI PATEL
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Appearance:
MR CHIRAGKUMAR UPADHYAY, AGP for the Applicant(s) No. 1,2,3
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CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT
Date : 16/06/2026
ORAL ORDER
1. Heard Mr. Chiragkumar Upadhyay, learned AGP appearing for
the respondents.
2. The present application is filed seeking condonation of delay of
3227 days in filing the Second Appeal.
3. Mr. Upadhyay, learned AGP has tried to persuade this Court
that there was no intentional delay on the part of the applicants in not
filing of appeal within the statutory period of time but due to
administrative exigency and applicants being State officials requires to
obtain necessary approval from the higher officials of the State, it
caused delay in filing the appeal.
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##PAGE2##NEUTRAL CITATION
C/CA/2466/2026 ORDER DATED: 16/06/2026
0.024222172551842114
3.1. Mr. Upadhyay, learned AGP has also submitted that the Trial
Court has dismissed the suit on the ground that it has no jurisdiction
but the same was reversed by the Appellate Court and as such, the
applicants are having arguable case in the appeal and mainly on
technicality, this Court should not reject the application, especially
when there is unintentional delay on the part of the applicants.
4. Having heard the learned AGP and after going through the
averments made in the delay application, by no stretch of imagination,
one can say that there is gross and inordinate delay on the part of the
applicants in filing the appeal. The impugned judgment/decree passed
by the Appellate Court on 10.03.2017 and execution application is
also filed by the opponent in 2018 as stated in paragraph no. 5 of the
application itself. Thus, the applicants were aware about the
impugned judgment in the year 2017/2018 itself, but chooses to file
the appeal only in the year 2026.
5.1. The averments made in the application would suggest that it is
not the case of not having knowledge of impugned judgment/decree
passed by the Appellate Court, but it seems that due to carelessness
and negligent attitude on the part of the officials of applicants, it
caused gross and inordinate delay of 3227 days in filing the appeal. It
is very sorry state of affair that despite having knowledge and facing
execution in 2018, no effective steps have been taken by the applicant
to file the Second Appeal within reasonable period of time.
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##PAGE3##NEUTRAL CITATION
C/CA/2466/2026 ORDER DATED: 16/06/2026
0.024222172551842114
5.2. It also appears that certified copy of impugned judgment/decree
only applied on 24.03.2025 and received on 26.03.2025, the Second
Appeal was filed before this Court on 09.04.2026, i.e., after about one
year from the date of receipt of certified copy of judgment/decree.
Such delay is also not satisfactorily explained by the applicants.
6. Having considered all these aspects and upon perusal of the
application, no sufficient cause is made out by the applicants.
7. At this juncture, I would like to refer to the decision of Hon’ble
the Supreme Court touching the
