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Bombay High Court

ZAKIR ALI PARVARISH ALI DIED THR LRS HAYABEE ZAKIR ALI DIED SHOUKATALI ZAKIR ALI DIED THR LRSversusTHE STATE OF MAHARASHTRA THROUGH THE COLLECTOR AND ANOTHER

Disposal
DISPOSED OFF

Holding

The Court held that the delay is condoned and the application is allowed as per prayer clause (B).

Summary

The petitioners, Zakir Ali and others, filed a civil application before the Bombay High Court, Aurangabad Bench, seeking relief against the State of Maharashtra. The application primarily sought condonation of delay in filing the petition. The respondents, represented by the Attorney General of Maharashtra, opposed the condonation. The Court examined whether the delay could be justified under the principles of equity and procedural law. Finding sufficient cause, the Court condoned the delay and allowed the application in accordance with the prayer clause (B). The Court directed that any office objections be removed within four weeks from the date of the order.

Issues considered

  • Whether the delay in filing the civil application can be condoned under the applicable procedural law

Subjects

  • condonation of delay
  • civil procedure
  • High Court
  • application
  • procedural law

Judgment

                                  *1*                     946-ca-13569-2025


           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       BENCH AT AURANGABAD

              946 CIVIL APPLICATION NO. 13569 OF 2025
                         IN WPST/29996/2024

   Zakir Ali Parvarish Ali Died Thr Lrs Hayabee Zakir Ali Died
                Shoukatali Zakir Ali Died Thr Lrs
                              Versus
 The State Of Maharashtra Through The Collector And Another
                                ...
Mr. Bhagyashree B. Kamble h/f. Gajanan K. Sontakke, Advocate
for Applicant
Mr. A. M. Phule, AGP for Respondents/State
                                ...
                   CORAM : NITIN B. SURYAWANSHI &
                              ABASAHEB D. SHINDE, JJ.
                   DATE : 25 JUNE 2026

P. C. :-

1.         Heard.

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

condoned and the application is allowed in terms of prayer

clause (B).

3.         Office objections, if any shall be removed within a period

of four (4) weeks from today.




(ABASAHEB D. SHINDE, J.)                (NITIN B. SURYAWANSHI, J.)




Narwade


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