Bombay High Court

RAIBHAN KARBHARI GORE (DIED) THR LRS SANJAY AND ORS.versusSTATE OF MAHARASHTRA AND ANR.

Disposal: Admitted/Allowed/Granted/Rule Absolute
Bench: NEERAJ P DHOTE

Holding

The Court held that the appeal may be restored subject to payment of costs.

Summary

The petitioners filed an application seeking restoration of an appeal that had been dismissed following a conditional order dated 28 March 2024, which dealt with the removal of office objections. The central issue was whether the appeal could be reinstated despite the earlier dismissal. The Court examined the reasons presented by the petitioners and the procedural posture of the conditional order. It concluded that the application warranted relief, subject to the payment of costs. Consequently, the Court allowed the application for restoration of the appeal, directing the petitioners to pay a cost of Rs.1,000 within four weeks.

Issues considered

Whether an appeal dismissed on account of a conditional order concerning removal of office objections can be restored?

Subjects

restoration of appeal
conditional order
civil procedure
high court

Judgment

2026:BHC-AUG:31299
                                                                          30ca4547-26

                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                           30 CIVIL APPLICATION NO. 4547 OF 2026
                                     IN FAST/16116/2020

                     Raibhan Karbhari Gore (died) Thr Lrs Sanjay And Ors.
                                            VERSUS
                                 State Of Maharashtra And Anr.
                                               ...
            Ms. Mrunal Andhari h/for Mr. Kale Ajeet B., Advocate for Applicants
            Mrs. M. L. Sangit, AGP for the Respondents-State
                                             WITH
                            CIVIL APPLICATION NO. 4550 OF 2026
                                  IN FAST/16116/2020

                                   CORAM : NEERAJ P. DHOTE, J.
                                     Dated : 27th July, 2026
            PER COURT :-

            1.       This is an Application for restoration of the Appeal which

            came to be dismissed in view of the conditional order dated 28.03.2024

            passed by the learned Registrar (Judicial) of this Court. The conditional

            order was in respect of removal of office objections in the Appeal.


            2.       After hearing the learned Advocate for the Applicants and for

            the reasons mentioned in the Application, the Application is allowed in

            terms of Prayer Clauses (B) and (C) subject to payment of cost of

            Rs.1,000/- (Rupees One thousand only) to be paid by the Applicants to

            the High Court Dispensary, Aurangabad within a period of four weeks.




                                                             ( NEERAJ P. DHOTE, J.)
 JPChavan



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