Case Note & Summary
The judgment pertains to two Letters Patent Appeals filed by Vasharambhai Sagharambhai Bharvad against a common judgment and order dated 16.10.2025 passed by a learned single Judge of the Gujarat High Court in Special Civil Application No. 12559 of 2002 and connected matters. The appellant sought to challenge the single Judge's order in a land dispute involving Rajdhani Co. Operative Housing Society Ltd. and other respondents. The Division Bench, comprising the Chief Justice and Justice D.N. Ray, noted that the delay in filing the appeals was not satisfactorily explained in the accompanying delay condonation applications. However, since the appellant's counsel argued on the merits, the Court proceeded to consider the substance of the appeals. The Court observed that both appeals arose from the same impugned order and thus decided them by a common judgment. After hearing the parties and perusing the record, the Court found no merit in the appeals and dismissed them. The Court also dismissed the connected civil applications for stay and condonation of delay. The judgment was delivered on 13 February 2026.
Headnote
A) Limitation - Condonation of Delay - Section 5 of Limitation Act, 1963 - Delay of [not specified] days in filing Letters Patent Appeals - The Court found that the delay was not explained to its satisfaction and no good ground was made out for condonation, but proceeded to examine merits as counsel argued on substance. (Paras 3-4)
B) Letters Patent Appeal - Maintainability - Interim Order - The appeals were directed against a common judgment and order dated 16.10.2025 passed by the learned single Judge in Special Civil Applications - The Division Bench heard both appeals together as they arose from the same impugned order. (Paras 2, 4)
C) Land Law - Dispute over Land - The appellant challenged the order of the learned single Judge in a land dispute involving Rajdhani Co. Operative Housing Society Ltd. and others - The Court dismissed the appeals on merits after hearing arguments. (Paras 5-6)
Issue of Consideration
Whether the delay in filing the Letters Patent Appeals should be condoned and whether the appeals have any merit on substance.
Final Decision
The Court dismissed the Civil Application for Condonation of Delay No. 550 of 2026 and the connected applications, and also dismissed the Letters Patent Appeals No. 38284 of 2025 and No. 5050 of 2026 on merits. All pending civil applications were disposed of.
Law Points
- Condonation of delay requires sufficient cause
- Letters Patent Appeal against interim order not maintainable
- Limitation Act Section 5
- Gujarat High Court Rules
Case Details
R/Civil Application (For Condonation of Delay) No. 550 of 2026 in F/Letters Patent Appeal/38284/2025 in R/Special Civil Application/12559/2002 with F/Letters Patent Appeal No. 38284 of 2025 with Civil Application (For Stay) No. 1 of 2025 with F/Civil Application No. 5054 of 2026 in F/Letters Patent Appeal No. 5050 of 2026 with F/Letters Patent Appeal No. 5050 of 2026 with Civil Application (For Stay) No. 1 of 2026
Sunita Agarwal (CJ), D.N. Ray
Mr. P.K. Shukla for appellant, Ms. Hetal Patel (AGP) for respondents 2-4, Mr. R.S. Sanjanwala (Sr. Adv.) with Mr. Aadit R Sanjanwala for respondent 1, Ms. S.M. Ahuja for respondents 5.1, 5.2
Vasharambhai Sagharambhai Bharvad
Rajdhani Co. Operative Housing Society Ltd. & Ors.
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Nature of Litigation
Civil Application for Condonation of Delay in filing Letters Patent Appeals against a common judgment and order of a learned single Judge in Special Civil Applications.
Remedy Sought
The appellant sought condonation of delay in filing the Letters Patent Appeals and also challenged the merits of the single Judge's order.
Filing Reason
The appellant was aggrieved by the common judgment and order dated 16.10.2025 passed by the learned single Judge in Special Civil Application No. 12559 of 2002 and connected matters.
Previous Decisions
The learned single Judge had passed a common judgment and order on 16.10.2025 in the Special Civil Applications, which was challenged in the present appeals.
Issues
Whether the delay in filing the Letters Patent Appeals should be condoned.
Whether the Letters Patent Appeals have any merit on substance.
Submissions/Arguments
The appellant's counsel argued on the merits of the case, but the delay condonation applications were not satisfactorily explained.
The respondents opposed the appeals, arguing that the delay was not explained and the appeals lacked merit.
Ratio Decidendi
The delay in filing the appeals was not explained to the satisfaction of the Court, and even on merits, the appeals were found to be devoid of any substance.
Judgment Excerpts
The delay in filling the Letters Patent Appeals has not been explained to the satisfaction of the Court in the delay condonation applications supporting the memo of the appeals.
We do not find any good ground to condone the delay.
Having heard the learned counsels for the parties and perused the record, we do not find any merit in the appeals.
Procedural History
The appellant filed two Letters Patent Appeals against a common judgment and order dated 16.10.2025 passed by a learned single Judge in Special Civil Application No. 12559 of 2002 and Special Civil Application No. 4881 of 2002. The appeals were accompanied by delay condonation applications. The Division Bench heard both appeals together and dismissed them on 13.02.2026.
Acts & Sections
- Limitation Act, 1963: Section 5
