Bombay High Court

DEVIDAS S/O BHAURAO KARPE (DIED) THR LRS CHATURABAI AND ORSversusSTATE OF MAHARASHTRA THR COLLECTOR, JALNA AND ORS

Disposal: Admitted/Allowed/Granted/Rule Absolute
Bench: SHAILESH P BRAHME

Holding

The Court allowed the applications for condonation of delay and restored the appeals to their original position.

Summary

The petitioners, Devidas (representing the estate of the deceased) and Sopan (representing the estate of the deceased), filed two civil applications seeking condonation of delay in restoring appeals that had been dismissed because the office objections were not removed. The High Court examined whether the delay could be condoned and the appeals reinstated. The Court held that the delay was condonable and allowed the applications, restoring the appeals to their original position. The petitioners were directed to remove the office objections within two weeks, after which the office would issue notice to the respondents with a return date of 06‑04‑2026. The matter was ordered to be finally decided at the admission stage as it involved covered matters.

Issues considered

Whether the delay in seeking restoration of the appeals can be condoned
Whether the appeals dismissed for non‑removal of office objections can be restored

Subjects

condonation of delay
restoration of appeal
office objections
Civil Procedure Code
High Court

Judgment

                                                                  46 CA 2691 26.odt

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         BENCH AT AURANGABAD

                46 CIVIL APPLICATION NO. 2691 OF 2026
                           IN FAST/6019/2022

DEVIDAS S/O BHAURAO KARPE (DIED) THR LRS CHATURABAI AND
                             ORS
                           VERSUS
  STATE OF MAHARASHTRA THR COLLECTOR, JALNA AND ORS
                              ...
             Advocate for Applicant : Mr. D.A. Bide
              AGP for Respondents: Mr. N.D. Raje
                              …
           47 CIVIL APPLICATION NO. 2692 OF 2026
                      IN FAST/6013/2022

 SOPAN S/O BAPURAO RAJBINDE (DIED) THR LRS RAMKALA W/O
                 SOPAN RAJBINDE AND ORS
                           VERSUS
  STATE OF MAHARASHTRA THR COLLECTOR, JALNA AND ORS
                              ...
             Advocate for Applicant : Mr. D.A. Bide
            AGP for Respondents: Mr. V.V. Jahagirdar

                      CORAM               :   SHAILESH P. BRAHME, J.
                      DATE                : 09.03.2026

PER COURT :

         Heard both sides. The applicants seek to condone delay in seeking
restoration of the appeals, which were dismissed for not removing the office
objections.

2.    For the reasons stated in the applications, the applications are
allowed. The appeals stand restored to their original position.

3.    The applicants shall remove the office objections within period of two
weeks.     If the objections are removed, office shall issue notice to the
respondents, returnable on 06.04.2026. Learned A.G.P. waives service for


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                                                           46 CA 2691 26.odt

respondent/State.

4.      It is indicated that the appeals shall be decided finally at the
admission stage because those are covered matters.



                                     ( SHAILESH P. BRAHME, J.)
mkd/-




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