Bombay High Court

VILAS ARJUN DHAGE AND OTHERSversusBHIMRAJ NIVRUTTI MHASKE AND ANOTHER

Disposal: APPLICATION ALLOWED

Holding

Condonation of the 162‑day delay is granted, subject to the applicants removing the office objection within two weeks, otherwise the second appeal will not be restored.

Summary

The applicants sought condonation of a 162‑day delay in filing a petition to restore a second appeal (St. No. 16008 of 2025) that had been dismissed by the Registrar for failure to remove office objections. The Court examined the application and the arguments of the applicant’s counsel. It held that the delay could be condoned provided the applicants complied with the requirement to remove the office objection within two weeks. The condition was imposed to ensure procedural compliance before the second appeal could be reinstated. Failure to meet the condition would result in the second appeal remaining un‑restored.

Issues considered

Whether a delay of 162 days in filing an application for restoration of a second appeal can be condoned.
Whether the Court can condition condonation on the removal of office objections within a specified time.

Subjects

condonation of delay
second appeal
restoration of appeal
office objection
civil procedure

Judgment

2026:BHC-AUG:43590


                                                                               ca2655.26
                                                    -1-


                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                               976 CIVIL APPLICATION NO. 2655 OF 2026
                                          IN SAST/16008/2025

                                    Vilas Arjun Dhage And Others
                                               VERSUS
                                Bhimraj Nivrutti Mhaske And Another
                                                  ...
                 Advocate for Applicant : Mr. Nandkishor C. Garud
                                                  …..

                                       CORAM : SANJAY A. DESHMUKH, J.
                                       DATED : 24th SEPTEMBER, 2026

                 PER COURT :-


                 1.          This is an application for condonation fo delay of 162 days

                 caused in filing the application for restoration of the second appeal

                 St. No. 16008 of 2025 which was dismissed by the order of the

                 learned Registrar (Judicial) of this Court for non removal of office

                 objections.


                 2.          Perused the application. Heard learned advocate for the

                 applicants. For the reasons stated in the application, the application

                 is allowed with condition to remove the office objection within two

                 weeks from today, failing which the the second appeal shall not be

                 restored.



                                                     (SANJAY A. DESHMUKH, J.)

                 rlj/

Continue reading with your account

Checking your session…