Bombay High Court

VITHAL LAXMAN BHANVAR (MALI) AND OTHERSversusBHAGWAT LAXMAN MALI AND ANOTHER

Disposal: APPLICATION ALLOWED

Holding

The court allowed the condonation of delay and restoration of the second appeal, subject to removal of office objections within two weeks.

Summary

The applicant sought condonation of a 1,538‑day delay in filing an application to recall a registrar's order dated 25‑08‑2021 and to restore a second appeal. The court examined the reasons for delay and found them not deliberate. Relying on the Supreme Court’s decision in Esha Bhattacharjee v. Managing Committee of Raghunathpur Nafar Academy, the court held that justice required allowing the application. Consequently, the condonation was granted, subject to the applicant removing any office objections within two weeks, failing which the application would be dismissed. The matter was thus disposed, enabling the parties to have the substantive issues finally decided.

Issues considered

Whether a delay of 1,538 days in filing an application for recall of a registrar's order and restoration of a second appeal can be condoned.

Subjects

condonation of delay
civil procedure
recall of order
second appeal
Supreme Court precedent
interest of justice

Judgment

2026:BHC-AUG:46131


                                                                              ca13984.25
                                                   -1-


                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                             974 CIVIL APPLICATION NO. 13984 OF 2025
                                        IN SAST/33703/2019

                               Vithal Laxman Bhanvar (mali) and others
                                               VERSUS
                                  Bhagwat Laxman Mali and another
                                                   ...
                 Advocate for Applicant : Mr. Kishor J. Ghute Patil
                 Advocate for Respondent No.1 : Mr. Valmik S. Munjal h/f Mr. Vikram
                 S. Undre
                                                   …..

                                      CORAM : SANJAY A. DESHMUKH, J.
                                      DATED : 01st OCTOBER, 2026

                 PER COURT :-


                 1.    This is an application for condonation of delay of 1538 days

                 caused in filing the application for recalling the order passed by the

                 learned Registrar, dated 25.08.2021 and for restoration of the second

                 appeal.



                 2.    Perused the application. Heard the learned advocates for the

                 applicants and the respondents. For the reasons stated in the

                 application, it appears that the delay has not been caused

                 deliberately. The application, therefore, deserves to be allowed in the

                 interest of justice and to enable the lis between the parties to be

                 decided finally on its merits, in view of the law laid down by the

                 Hon’ble Supreme Court in Esha Bhattacharjee v. Managing
                                                         ca13984.25
                                  -2-

Committee of Raghunathpur Nafar Academy and Others, (2013)

1 SCC 649.



3.       The application is therefore, allowed and disposed of,

subject to the condition to remove the office objections within two

weeks from today, failing which the present application shall stand

dismissed without further reference to the court.



                                   (SANJAY A. DESHMUKH, J.)

rlj/

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