Bombay High Court
NANDU RAMRAO NILEWAD.versusTHE STATE OF MAHARSHTRA THR., THROUGH COLLECTOR LATUR AND ORS.
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The Court quashed the Registrar's order and restored the cross‑objections, condoning any delay, provided the applicants remove all office objections within four weeks.
Summary
The applicants filed multiple civil applications seeking restoration of cross‑objections that had been dismissed by the Registrar for failure to remove office objections within the prescribed time. The Registrar's order was challenged on the ground that the delay in filing the cross‑objections could be condoned. The Court examined its inherent power to set aside procedural orders and to condone delay where justice so requires. It held that the Registrar's order was quashed and the cross‑objections were restored, subject to the condition that the applicants remove all outstanding office objections within four weeks. The Court further stipulated that failure to comply would render the restoration order ineffective and that no interest or statutory benefits would accrue for the period of delay. Consequently, the applications for restoration were allowed.
Issues considered
- Whether the Registrar's order refusing registration of cross‑objections can be set aside despite the applicants' delay.
- Whether the Court can condone the delay in filing cross‑objections and restore them subject to conditions.
- Whether the restored cross‑objections entitle the applicants to interest or statutory benefits for the delayed period.
Subjects
- restoration of cross‑objections
- condonation of delay
- Civil Procedure Code
- registration of objections
- interest and statutory benefits
Judgment
2026:BHC-AUG:42290
1
937 CA 10623 OF 2026 to 942, 945, 948, 949
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
937 CIVIL APPLICATION NO. 10623 OF 2026
IN X-OBJST/19712/2026
BAPURAO TUKARAM MULKE.
VERSUS
THE STATE OF MAHARSHTRA THR., THROUGH
COLLECTOR LATUR AND ORS.
WITH
CIVIL APPLICATION NO. 14763 OF 2019
IN FAST/13522/2019
WITH
CIVIL APPLICATION NO. 14764 OF 2019
IN FAST/13522/2019
AND
938 CIVIL APPLICATION NO. 10625 OF 2026
IN X-OBJST/19736/2026
BALAJI ALBA MULKE DIED THR LRS VYANKATRAO AND
ANR.
VERSUS
THE STATE OF MAHARSHTRA THR., THROUGH
COLLECTOR LATUR AND ORS.
WITH
CIVIL APPLICATION NO. 14774 OF 2019
IN FAST/13549/2019
WITH
CIVIL APPLICATION NO. 14773 OF 2019
IN FAST/13549/2019
AND
939 CIVIL APPLICATION NO. 10627 OF 2026
IN X-OBJST/19760/2026
VISHWANATH KONDIBA GOJEWAD DIED THR L.RS.
BHAGIRATH VISHWANATH GOJEWAD AND ORS.
VERSUS
THE STATE OF MAHARSHTRA THR., THROUGH
COLLECTOR LATUR AND ORS.
WITH
2
937 CA 10623 OF 2026 to 942, 945, 948, 949
CIVIL APPLICATION NO. 14768 OF 2019
IN FAST/13540/2019
WITH
CIVIL APPLICATION NO. 14767 OF 2019
IN FAST/13540/2019
AND
940 CIVIL APPLICATION NO. 10630 OF 2026
IN X-OBJST/19755/2026
GANPAT TUKARAM MULKE AND ANR.
VERSUS
THE STATE OF MAHARSHTRA THR., THROUGH
COLLECTOR LATUR AND ORS.
WITH
CIVIL APPLICATION NO. 14765 OF 2019
IN FAST/13555/2019
WITH
CIVIL APPLICATION NO. 14766 OF 2019
IN FAST/13555/2019
AND
941 CIVIL APPLICATION NO. 10632 OF 2026
IN X-OBJST/19715/2026
VYANKTRAO BALAJI MULKE AND ANR.
VERSUS
THE STATE OF MAHARASHTRA, THROUGH COLLECTOR,
LATUR AND ORS.
WITH
CIVIL APPLICATION NO. 14771 OF 2019
IN FAST/13544/2019
WITH
CIVIL APPLICATION NO. 14772 OF 2019
IN FAST/13544/2019
AND
942 CIVIL APPLICATION NO. 10633 OF 2026
IN X-OBJST/19762/2026
SOPAN TUKARAM GOJEWAD AND ORS.
VERSUS
THE STATE OF MAHARSHTRA THR., THROUGH
COLLECTOR LATUR AND ORS.
3
937 CA 10623 OF 2026 to 942, 945, 948, 949
WITH
CIVIL APPLICATION NO. 14770 OF 2019
IN FAST/13537/2019
WITH
CIVIL APPLICATION NO. 14769 OF 2019
IN FAST/13537/2019
AND
945 CIVIL APPLICATION NO. 10639 OF 2026
IN X-OBJST/19697/2026
BALAJI ATMARAM MULKE DIED THR L.RS. PARMESHWAR
BALJAI MULKE AND ORS.
VERSUS
THE STATE OF MAHARSHTRA THR., THROUGH
COLLECTOR LATUR AND ORS.
WITH
CIVIL APPLICATION NO. 14759 OF 2019
IN FAST/13531/2019
WITH
CIVIL APPLICATION NO. 14760 OF 2019
IN FAST/13531/2019
AND
948 CIVIL APPLICATION NO. 10664 OF 2026
IN X-OBJST/19746/2026
NANDU RAMRAO NILEWAD.
VERSUS
THE STATE OF MAHARSHTRA THR., THROUGH
COLLECTOR LATUR AND ORS.
WITH
CIVIL APPLICATION NO. 14757 OF 2019
IN FAST/13261/2019
WITH
CIVIL APPLICATION NO. 14758 OF 2019
IN FAST/13261/2019
AND
949 CIVIL APPLICATION NO. 10665 OF 2026
IN X-OBJST/19703/2026
HULAPPA PIRAJI BONGALE.
VERSUS
4
937 CA 10623 OF 2026 to 942, 945, 948, 949
THE STATE OF MAHARASHTRA, THROUGH COLLECTOR,
LATUR AND ORS.
WITH
CIVIL APPLICATION NO. 14761 OF 2019
IN FAST/13559/2019
WITH
CIVIL APPLICATION NO. 14762 OF 2019
IN FAST/13559/2019
...
Mr. S. R. Bagal, Advocate for Applicants/claimants in all
matters
Mr. R. K. Ingole, Mr. A. V. Lavte, Mr. B. V. Virdhe, Mr. S. P.
Sonpawale, Mr. K. B. Jadhavar and Mr. S. N. Kendre, AGPs for
Respondent-State respectively
…
CORAM : AJIT B. KADETHANKAR, J.
DATED : 11th September 2026
P.C. :-
CIVIL APPLICATIONS FOR RESTORATION
. Mr. S. R. Bagal, learned Advocate for the
applicants/claimants submits that the registration of the cross-
objections was refused on account of failure of the applicants
to remove office objections within the stipulated time. The
present applications are filed seeking restoration of the cross-
objections by setting aside the said order of dismissal.
2. For the reasons stated in the applications, the same are
allowed. The delay, if any, caused in filing the cross-objections
stands condoned. The order passed by the learned Registrar
5
937 CA 10623 OF 2026 to 942, 945, 948, 949
(Judicial) of this Court is hereby quashed and set aside.
3. The cross-objections are restored to their original
position, provided that the applicants shall remove all office
objections within a period of four weeks from today.
4. It is made clear that if the office objections are not
removed within the stipulated period, this order shall
automatically lose its effect.
5. It is clarified that if the cross-objections are allowed, the
applicants shall not be entitled to interest and statutory
benefits for the delayed period.
( AJIT B. KADETHANKAR, J. )
PRW
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