Authority: High Court of Gujarat at Ahmedabad

Order Date: 24/08/2026

Case Overview

  • Applicant: Gujarat Sheep and Wool Development Corporation Ltd; Respondent: Himatlal Tapubhai Sapara.
  • The applicant filed a civil application under Section 5 of the Limitation Act seeking condonation of a 185‑day delay in filing a restoration application for a Second Appeal (Civil Application No. 2124 of 2026, Second Appeal No. 47 of 2005).
  • Advocate for applicant: Mr. Ankit Y. Bachani; Advocate for respondent: Mr. N.K. Majmudar, who contested both the delay condonation and the restoration, arguing the decree under appeal had already been executed.
  • The Second Appeal had been dismissed earlier because the applicant’s counsel was absent.

Final Outcome

  • The Court, Justice J.C. Doshi, condoned the 185‑day delay, allowing the restoration application to proceed.
  • The restoration application was ordered to be allowed, and the matter restored to its original file.
  • The respondent’s contention that the decree has been satisfied is reserved for determination during the appeal proceedings.
  • The order was digitally signed by Shekhar Prafulbhai Barve, Principal Private Secretary, on 24/08/2026 at 17:13:11.

Topics: Delay Condonation, Appeal Restoration