Bombay High Court

MANOHAR SONA PATIL.versusTHE SPECIAL LAND ACQUISITION OFFICER, JALGAON DIST JALGAON AND ORS.

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The Court set aside the Registrar’s order and allowed the civil application, restoring the first appeal despite the delay.

Summary

The applicant filed a civil application seeking restoration of a first appeal that had been dismissed for failure to remove office objections. The Registrar had previously granted the applicant two weeks from 03‑02‑2026 to comply, but the applicant delayed 199 days before filing the civil application. The applicant promised to remove the objections within two weeks. The Court set aside the Registrar’s order dated 03‑02‑2026 and allowed the civil application in accordance with prayer clauses C and D, thereby restoring the appeal.

Issues considered

What is the effect of a Registrar’s order granting time to remove office objections when the applicant delays filing a civil application for restoration?
Whether a civil application for restoration of a dismissed appeal can be entertained despite a substantial delay in filing.

Subjects

restoration of appeal
civil procedure
office objections
delay
High Court

Judgment

2026:BHC-AUG:44098
1 964-CA.11102-26.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

964 CIVIL APPLICATION NO. 11102 OF 2026
IN FAST/38090/2025
MANOHAR SONA PATIL.
VERSUS
THE SPECIAL LAND ACQUISITION OFFICER, JALGAON DIST
JALGAON AND ORS.
...
Advocate for Applicant : Mr. S. M. Mulla h/f Ms. Yadav Usha V.
AGP for Respondent/s-State : Ms. Dr. Kalpalata Patil
Bharaswadkar.
...

CORAM : MANJUSHA A. DESHPANDE, J.
DATE : 24.09.2026
PER COURT :-

1. Civil application is filed by the applicant for restoration

of the first appeal, which was dismissed for failure to remove

the office objections. Time was granted by the Registrar

(Judicial) to remove office objections within a period of two

(2) weeks from 03.02.2026. There is a delay of 199 days in

filing civil application. The applicant undertakes to remove the

office objections within a period of two (2) weeks. The order

passed by the Registrar (Judicial) dated 03.02.2026 is set

aside.

2. Civil application is allowed in terms of prayer clauses “C”

and “D”.

(MANJUSHA A. DESHPANDE, J.)
...
vmk/-

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