Bombay High Court

RUDRAPPA S/O. GANPATI SHETE (DIED) THROUGH HIS LRS SHARAD DIED THR HIS LRS RANI AND ORS.versusTHE STATE OF MAHARASHTRA THR THE COLLECTOR, OSMANABAD AND ORS.

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The order of dismissal is quashed and the first appeal and civil application are restored, provided the applicants remove all office objections within four weeks.

Summary

The applicants, represented by Ms. Laxmi R. Thakur and Mr. L. C. Patil, sought condonation of delay and restoration of a first appeal and civil application that had been dismissed for failure to remove office objections within the prescribed time. The Registrar had dismissed the appeal and application on procedural grounds. The Court examined whether the delay could be condoned and the dismissal set aside despite the procedural lapse. Relying on principles of equity and the discretion to condone delay, the Court allowed the application, quashed the Registrar’s order, and restored the appeal and application subject to the applicants removing the objections within four weeks. The judgment also stipulated that failure to comply would render the order ineffective and that the applicants would not be entitled to interest or statutory benefits for the period of delay.

Issues considered

Whether the delay in filing the application for condonation can be condoned under procedural law
Whether the order of dismissal of the first appeal and civil application can be quashed
Whether the appeal and application can be restored subject to removal of office objections

Subjects

condonation of delay
restoration of appeal
civil procedure
office objections
judicial discretion

Judgment

                                1
                                             951 CA 10668 OF 2026

     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                BENCH AT AURANGABAD

           951 CIVIL APPLICATION NO. 10668 OF 2026
                      IN FAST/12656/2022

  RUDRAPPA S/O. GANPATI SHETE (DIED) THROUGH HIS
      LRS SHARAD DIED THR HIS LRS RANI AND ORS.
                           VERSUS
   THE STATE OF MAHARASHTRA THR THE COLLECTOR,
                   OSMANABAD AND ORS.
                              ...
Ms. Laxmi R. Thakur h/f. Mr. L. C. Patil, Advocate for
Applicants
Mr. A. V. Lavte, AGP for Respondent-State
                              …

                      CORAM : AJIT B. KADETHANKAR, J.
                      DATED : 11th September 2026

P.C. :-

.         Ms. Laxmi R. Thakur h/f. Mr. L. C. Patil, learned

Advocate for the applicants submits that the registration of the

First Appeal and Civil Application was refused on account of

failure of the applicants to remove office objections within the

stipulated time. The present application is filed with

composite prayer for condonation of delay and restoration of

the First Appeal and Civil Application by quashing and setting

aside the said order of dismissal.
                                 2
                                               951 CA 10668 OF 2026

2.    For the reasons stated in the application, the same is

allowed. The delay caused in filing the application stands

condoned. The order passed by the learned Registrar

(Judicial) of this Court is hereby quashed and set aside.

3.    The First Appeal and Civil Application 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 appeals 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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