Bombay High Court
NIVRUTTI VITHOBA MARATHE AND OTHERSversusHARSHAD SHASHIKANT JAIN AND OTHERS
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
- Bench
- SANJAY A DESHMUKH
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
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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
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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
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