C/CA/1481/2026 ORDER DATED: 20/07/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1481 of 2026 In F/MISC. CIVIL APPLICATION/8208/2026 In R/FIRST APPEAL/694/2019 With F/MISC. CIVIL APPLICATION NO. 8208 of 2026 In R/FIRST APPEAL NO. 694 of 2019 ========================================================== LT COL IQBAL BAHADUR TEGH BAHDUR DUTT(RETD) & ANR. Versus DR (DENTIST) MRS ANN S DUTT ========================================================== Appearance: MR IQBALBAHADUR T DUTT(11423) for the Applicant(s) No. 1,2 PARTY IN PERSON(5000) for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA and HONOURABLE MR. JUSTICE R. T. VACHHANI Date : 20/07/2026 ORAL ORDER (PER : HONOURABLE MR. JUSTICE R. T. VACHHANI) By way of filing CA No.1481 of 2026, the applicant – original appellant – party – in – person seeks to condone the delay of 1655 days caused in preferring the MCA No.8208 of 2026 seeking to review / recall the order dated 30/07/2021 passed in FA No.694 of 2019 and allied matters by the co-ordinate Bench of this Court. 2. Though question as to assailing and challenging the order or any such other relief as permissible under the law and the measures thereof can be initiated within the prescribed period e.g. within a period of 30 days; there appears to be a huge delay of 1655 days caused in preferring the MCA seeking to review / recall the order dated 30/07/2021 passed in C/CA/1481/2026 ORDER DATED: 20/07/2026 the captioned First Appeal. 3. We have heard applicant – party – in – person appearing through Video Conferencing Mode. 4. It is submitted on behalf of the applicant appearing as party – in – person that the grounds agitated in the application seeking condonation of delay because of which the applicant had been prevented from filing the application and therefore, it is submitted to condone the delay caused in preferring the application seeking to review / recall. Apart from the grounds agitated therein as mentioned in the application, nothing sort of any such plausible grounds seems to have been agitated to establish the sufficient cause preventing the applicant or moving with the prayer as sought for within the stipulated time period. 5. It further transpires from the record that the order dated 30/07/2021 passed in FA No.694 of 2019 has been unsuccessfully assailed by the applicant by way of filing SLP (C) No.2509 of 2022 before the Hon’ble Apex Court and the said SLP came to be turned down by making following observations: “Having heard Lt. Col. Iqbal Bahadur Dutt, 1st petitioner-in person, who is the paternal grandparent of the child, we are not persuaded to interfere with the impugned order as such. Being a matter relating to custody, we onty observe that if there is any change in circumstances, this may enable the petitioners to move afresh. Subject to this observation, the special leave petition stands dismissed". C/CA/1481/2026 ORDER DATED: 20/07/2026 Thus, once the questioned order and the legality thereof challenged before the Hon’ble Apex Court came to be decided by dismissing the SLP, the same cannot be re-visited by way of filing the application of present nature. 6. It also appears from the record that another unsuccessful efforts seems to have been made by the applicant by filing Special Civil Application No.942 of 2025 before this Court and the said petition came to be dismissed by an order dated 27/01/2026 by making the following observations: "After some submissions, party-in-person submits that he may be permitted to withdraw present petition with a liberty to initiate appropriate proceedings in law. The petitioner is permitted to withdraw the present writ petition with a liberty to initiate appropriate proceedings in law. The present petition is dismissed as withdrawn accordingly. Notice is discharged. All the contentions raised in the present writ petition are kept open". 7. In light of the aforesaid scenario when the order seeking to review / recall has attained the finality by dismissing the SLP by the Hon’ble Apex Court, the question of recalling / reviewing the said order does not at all arise; nor the issue with regard to condone the huge delay without there being any sufficient cause can be entertained. 8. Accordingly, the captioned applications are bereft of merits and are accordingly dismissed. It is made clear that this Court has not gone into the merits of the application seeking to review / recall the order as claimed / agittated by the applicant herein and the finding arrived at by us C/CA/1481/2026 ORDER DATED: 20/07/2026 are solely confining to the application seeking to condone the delay. (ILESH J. VORA,J) (R. T. VACHHANI, J) sompura Original copy of this order has been signed by the Hon'ble Judges. Digitally signed by: MANISHKUMAR JYOTINDRA SOMPURA(HC00189), Principal Pvt. Secretary, at High Court of Gujarat on 21/07/2026 10:39:40