Bombay High Court

HARI KISAN KOTKAR (DIED) THR LRS BHAUSAHEB (DIED) THR LRS CHABABAI AND ORS.versusTHE STATE OF MAHARASHTRA THROUGH THE COLLECTOR AHMEDNAGAR AND ANR

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The Court allowed the application, condoned the delay, quashed the Registrar’s order and restored the appeal and civil application.

Summary

The petitioners filed a civil application seeking restoration of First Appeal Stamp No. 31892 of 2019 and Civil Application Stamp No. 31893 of 2019, along with condonation of a 1477‑day delay. The Registrar had refused registration on the ground that the petitioners had not removed office objections. The petitioners, through counsel, undertook to clear the objections within four weeks if the restoration was granted. The Court examined whether the delay could be condoned and the Registrar’s order set aside. Finding the reasons in the application sufficient, the Court allowed the civil application, condoned the delay, quashed the Registrar’s order, and restored the appeal and civil application, subject to the condition of removing objections within four weeks.

Issues considered

Whether a delay of 1477 days in filing an application for restoration can be condoned.
Whether the Registrar's order refusing registration on the ground of pending office objections can be set aside.

Subjects

restoration of appeal
condonation of delay
civil application
registrar order
office objections

Judgment

2026:BHC-AUG:41260



                                                      1
                                                                      930-ca-3667-2026

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                   CIVIL APPLICATION NO. 3667 OF 2026
                                           IN FAST/31892/2019

                       Hari Kisan Kotkar (died) Thr Lrs Bhausaheb (died) Thr Lrs
                                           Chababai And Ors.
                                                VERSUS
                     The State Of Maharashtra Through The Collector Ahmednagar
                                                And Anr
                                                   ...
                     Adv. A. M. Reddy h/f Mr. S. T. Veer, Advocate for Applicants
                     Mr. K. B. Jadhavar, AGP for Respondent-State
                                                  …..
                                          CORAM : AJIT B. KADETHANKAR, J.
                                             DATED : 04TH SEPTEMBER, 2026

                     P.C. :-

                     .         This application is filed seeking restoration of First

                     Appeal Stamp No. 31892 of 2019 and Civil Application St.

                     No.31893 of 2019. A prayer is also made for condonation of

                     delay caused in filing the present application. The registration

                     of the said First Appeal and Civil Application was refused by

                     the learned Registrar (Judicial) vide order dated 04.01.2022

                     on account of failure of the applicants to remove the office

                     objections.

                     2.        Learned Advocate for the applicants prays to allow the

                     application and undertakes that in the event the matter is
                                   2
                                                     930-ca-3667-2026

restored, the applicants shall remove all the office objections

within a period of four weeks.

3.      For the reasons stated in the application, it deserves to

be allowed. Hence, I pass the following order:

                                ORDER

        a.       Civil Application stands allowed.
        b.    Delay of 1477 days caused in filing the
        present Civil Application stands condoned.
        c.    The order dated 04.01.2022 passed by the
        learned Registrar (Judicial) of this Court is
        quashed and set aside.
        d.    The First Appeal Stamp No. 31892 of 2019
        and Civil Application St. No.31893 of 2019 stand
        restored to their original position.
        e.    If the applicants fail to remove all the office
        objections within a period of four weeks from
        today, this order shall lose its effect. Any further
        application for restoration shall be subject to costs
        of Rs.10,000/-.



                                       ( AJIT B. KADETHANKAR, J. )

Rushikesh/2026

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