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Bombay High Court

SUKHDEO PIRAJI THOMBAREversusUNION OF INDIA AND OTHERS AND ANOTHER

Disposal
DISPOSED OFF

Holding

The Court held that the delay was condoned and the application for restoration of the writ petition was allowed.

Summary

The applicant, Sukhdeo Piraji Thombare, filed a civil application seeking restoration of his writ petition (No. 8761 of 2021) after it was dismissed pursuant to a conditional order dated 5 May 2026. The application was filed 34 days after the dismissal, raising the issue of whether the delay could be condoned. The Court examined the reasons provided in the application and found them sufficient to justify condonation of the delay. Consequently, the Court allowed the application, directing the petitioner to remove all objections raised by the office within three weeks. The restoration of the writ petition was thus granted subject to compliance with the stipulated condition.

Issues considered

  • Whether the 34‑day delay in filing the application for restoration of the writ petition can be condoned

Subjects

  • restoration of writ petition
  • condonation of delay
  • civil procedure
  • High Court
  • conditional order

Judgment

2026:BHC-AUG:44211-DB

                                                                               29-CA.11262.2026.doc


                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                               29 CIVIL APPLICATION NO. 11262 OF 2026
                                           IN WP/8761/2021

                                      Sukhdeo Piraji Thombare
                                               VERSUS
                                     Union of India And Another
                                                  ...
                Mr. Dattatraya R. Jayabhar, Advocate for the Applicant.
                Mr. Rajendra Saraf, Advocate for Respondent No.1-UOI.
                Mr. N. S. Tekale, AGP for Respondent No.2-State.
                                                  ...
                                                   CORAM : KISHORE C. SANT &
                                                           JITENDRA JAIN, JJ.
                                                   DATE      : 28th SEPTEMBER, 2026

                PER COURT :

                1.       Heard learned advocate for the applicant.

                2.       There is a delay of 34 days in filing the present application.

                3.       This application is filed seeking restoration of Writ Petition

                No.8761 of 2021, which came to be dismissed in view of conditional

                order dated 05.05.2026.

                4.       For the reasons stated in the application, delay stands

                condoned. The application is allowed, subject to the petitioner

                removing all the office objections within three weeks from today.



                 (JITENDRA JAIN, J.)                             (KISHORE C. SANT, J.)




                Sayyed                                                                                1/1


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