Bombay High Court

BHAUSAHEB MANJABAPU PAWAR AND OTHERSversusSUBHADRABAI DILIP SHINDE DIED THROUGH HER LRS DILIP KHANDU SHINDE AND OTHERS

Disposal: Admitted/Allowed/Granted/Rule Absolute
Bench: MEHROZ K PATHAN

Holding

The Court condoned the delay and restored the appeal, subject to payment of costs and removal of office objections.

Summary

The applicant filed an application to set aside a Registrar's order dated 23 April 2025 that refused registration of a second appeal because office objections were not removed and the application for restoration was filed late. The applicant argued that the oversight prevented timely removal of objections and sought condonation of the delay and restoration of the appeal. The Court examined whether the delay could be condoned despite the procedural lapse. It held that the delay was condoned and ordered the appeal restored, subject to the applicant depositing Rs.5,000 as cost and removing the office objections within a week. The matter was adjourned to 20 January 2026 for compliance.

Issues considered

Whether the delay in filing the application for restoration of the appeal can be condoned.
Whether the order refusing registration of the appeal due to non‑removal of office objections can be set aside.

Subjects

Civil Procedure Code
Restoration of appeal
Condonation of delay
Office objections
High Court

Judgment

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                                                             902 sr.no...odt
           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      BENCH AT AURANGABAD

                    CIVIL APPLICATION NO. 14036 OF 2025
                             IN SAST/7951/2025

                    Bhausaheb Manjabapu Pawar And Others
                                                       ….Applicant
                                  VERSUS

  Subhadrabai Dilip Shinde Died Through Her Lrs Dilip Khandu Shinde
                               And Others
                                                       …..Respondent
                                  …..
Advocate for Applicant : Mr. Adv Nandkishor Chandrakant Garud


                               CORAM : MEHROZ K. PATHAN, J.

                                DATE : 13th JANUARY, 2026.

P.C. :-

1.           This is an application for setting aside the order passed by
the Registrar dated 23.4.2025 refusing registration for non-removal of
office objections and for condition of delay caused in filing the
application for restoration.
2.           The learned counsel for the applicant submits that due to
oversight the conditional order could not be noted by the counsel for the
applicant and as the office objections could not be removed within the
stipulated period and hence, the registration of second appeal came to be
refused. The learned counsel therefore submits that the application for
restoration may be allowed and delay may be condoned and appeal be
restored to file.
3.           For the reasons stated in the application, the delay in filing
the application for restoration is condoned. The appeal is restored to the
file of this Court subject to payment of cost of Rs. 5,000/- to be deposited
by the applicant with the High Court Bar Library, Aurangabad. Upon
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                                                          902 sr.no...odt
payment of such cost, the appeal shall be restored.     Learned counsel
undertakes to remove the office objections within a period of one week.


4.          Stand over to 20th January, 2026.


                                           [MEHROZ K. PATHAN]
                                                JUDGE.
grt/-

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