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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