C/CA/3155/2026(GJHC240525862026) ORDER DATED: 24/08/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 3155 of 2026 In R/MISC. CIVIL APPLICATION/2124/2026 In R/SECOND APPEAL/47/2005 With R/MISC. CIVIL APPLICATION NO. 2124 of 2026 In R/SECOND APPEAL NO. 47 of 2005 ========================================================== THE GUJARAT SHEEP AND WOOL DEVELOPMENT CORPORATION LTD. Versus HIMATLAL TAPUBHAI SAPARA ========================================================== Appearance: MR ANKIT Y BACHANI(5424) for the Applicant MR NK MAJMUDAR for the Respondent ========================================================== CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI Date : 24/08/2026 IA ORDER IN DELAY CONDONATION APPLICATION Heard learned advocate Mr. Ankit Banchani for the applicant. Learned advocate Mr. NK Majmudar states at bar that he has instructions to appear for the respondent and he shall le Vakalatnama in due course. Registry to accept the same. In an application u/s 5 of the Limitation Act, the applicant prayed to condone the delay of 185 days caused in ling the application for restoration of the captioned Second Appeal . Learned advocate Mr. Majmudar hotly contested the delay condonation application as well as restoration application mainly on the ground that the decree impugned in the Second Appeal has been executed and therefore, now C/CA/3155/2026(GJHC240525862026) ORDER DATED: 24/08/2026 nothing remains in the Second Appeal. Thus, restoring the Second Appeal would be a futile exercise. Having considered the averments made in the application as well as submission canvassed by the learned advocate Mr. Majmudar, this Court thought it t to condone the delay, more particularly, when the applicant has explained the delay su-iciently. The second appeal was dismissed on the fault of learned advocate, who did not remain present in the matter and therefore, the applicant should be given one chance to put its case on merit. In the result, present CA is allowed and delay of 185 days caused in ling the application for restoration is hereby condoned. Rule made absolute to the aforesaid extent. The contention of learned advocate Mr. Majmudar for the respondent that the decree impugned in the Second Appeal has been satised is kept open to be decided during appeal proceedings. IA ORDER IN RESTORATION APPLICATION Considering the facts stated in the application, present Application is required to be allowed and the same is allowed and main matter is restored to its original le. (J. C. DOSHI,J) SHEKHAR P. BARVE Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: SHEKHAR PRAFULBHAI BARVE(HC00200), Principal Pvt. Secretary, at High Court of Gujarat on 24/08/2026 17:13:11