Created by Fuzzy Cloud

Bombay High Court

NIVRUTTI VITHOBA MARATHE AND OTHERSversusHARSHAD SHASHIKANT JAIN AND OTHERS

Disposal
Admitted/Allowed/Granted/Rule Absolute

Holding

The court condoned the 221‑day delay, subject to the condition that the applicants remove all office objections within two weeks.

Summary

The applicants filed a civil application seeking condonation of a 221‑day delay in filing a petition to restore a cross‑appeal to its original position and to obtain permission to remove office objections. They explained that the delay resulted from an inadvertent failure to upload an order dated 20‑08‑2024 on the court website, which prevented timely removal of the objections. The court examined whether the delay was deliberate and whether justice warranted condonation. Finding the delay unintentional and not prejudicial, the court condoned it subject to the condition that the applicants remove all office objections within two weeks, failing which they must deposit Rs 2,000. The court ordered that, after removal of objections, the cross‑appeal (stamp no.16545 of 2024) be registered and disposed of the civil application.

Issues considered

  • Whether a delay of 221 days in filing an application for restoration of a cross‑appeal can be condoned
  • Whether the applicants may be permitted to remove office objections after the delay
  • Whether the cross‑appeal can be restored to its original position upon condonation

Subjects

  • condonation of delay
  • civil procedure
  • cross appeal
  • office objections
  • restoration of appeal
  • court order

Judgment

2026:BHC-AUG:8900


                                                                       910-ca-10344-2025
                                                  -1-

                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                               CIVIL APPLICATION NO. 10344 OF 2025
                                          IN FA/2172/2023

                                 Nivrutti Vithoba Marathe And Others
                                               VERSUS
                                 Harshad Shashikant Jain And Others
                                                  …
                Mr. M. M. Bhokarikar, Advocate for Applicants
                Mr. S. S. Bora, Advocate for Respondent no.1
                Mr. A. B. Gatne, Advocate for Respondent no.3

                                     CORAM : SANJAY A. DESHMUKH, J.
                                     DATED : 27TH FEBRUARY, 2026

                PER COURT :-

                1.       This is an application for condonation of delay of 221 days

                caused in filing the application for restoration of Cross Appeal on its

                original position and for permission to remove the office objections.

                2.       Learned Advocate for the applicants pointed out paragraph

                no.4 of the application stating that the office objections were to be

                removed as per order dated 20.08.2024, but inadvertently there was

                some delay in uploading the said order on website. Consequently, the

                applicants were unable to remove the office objections within the

                stipulated time. The delay was occurred on account of mistake and

                oversight.

                3.       Upon perusal of the application, it appears that the delay is

                not deliberately caused and deserves to be condoned in the interest of

                justice. Hence, the following order:
                                                         910-ca-10344-2025
                                    -2-

                                  ORDER

        a.        Civil Application is allowed.

        b.        Delay of 221 days caused in filing the
        application for restoration of Cross Appeal on its
        original position and for permission to remove the office
        objections is condoned subject to condition that
        applicants shall remove all the office objections within a
        period of two weeks.

        c.        If all the office objections are not removed on
        or before 13.03.2026, applicants have to deposit the
        costs of Rs.2,000/- in the office of Legal Aid Service
        Authority.

        d.        After removal of office objections, cross appeal
        stamp no.16545 of 2024 be registered.

        e.        Civil Application is disposed of.



                                              (SANJAY A. DESHMUKH, J.)

Rushikesh/2026


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.