Bombay High Court

SHANKAR SAWALERAM PATOLE LRS DINKAR AND OTHERSversusDADA SAVLERAM PATOLE LRS RAMCHANDRA LRS SUMAN AND OTHERS

Disposal: APPLICATION ALLOWED

Holding

The delay was not deliberate; therefore, it was condoned and the order of the Registrar was set aside.

Summary

The applicants filed a civil application seeking to set aside an order dated 9 April 2014 passed by the Registrar (Judicial) of the High Court. The application was filed after a delay of 1,096 days. The court examined whether the delay was deliberate and, relying on the Supreme Court’s decision in M. D. A. Chaudhary v. Kartar Chand, held that the delay was not intentional. Consequently, the court condoned the delay, allowed the application (prayer clauses B and C), set aside the Registrar’s order, and restored the second appeal to its original position, subject to removal of office objections within two weeks. The matter was listed for further hearing on 21 September 2026.

Issues considered

Whether a delay of 1,096 days in filing a civil application is sufficient to warrant condonation.
Whether the order dated 9 April 2014 passed by the Registrar (Judicial) can be set aside on the ground of non‑deliberate delay.
Whether the Supreme Court precedent in M. D. A. Chaudhary v. Kartar Chand is applicable to condone the delay.

Subjects

delay condonation
civil application
setting aside order
second appeal
Supreme Court precedent
interest of justice

Judgment

1 61 ca.5368.17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD.
61 CIVIL APPLICATION NO. 5368 OF 2017
IN RC/922/2014

SHANKAR SAWALERAM PATOLE LRS DINKAR AND OTHERS
VERSUS
DADA SAVLERAM PATOLE LRS RAMCHANDRA LRS SUMAN AND
OTHERS
...
Advocate for Applicants : Mr. Mr. P. J. Sagalgile, h/f Mr. Rahul R. Karpe.
Advocate for Respondent : Mr. D. R. Markad, h/f Mr. N. K. Kakade.
...

WITH
CIVIL APPLICATION NO. 5369 OF 2017
IN RC/921/2014

WITH
CIVIL APPLICATION NO. 5370 OF 2017
IN RC/923/2014
...

CORAM : SANJAY A. DESHMUKH, J.
DATE : 24th August, 2026.

P.C.:

CIVIL APPLICATION NO. 5368 OF 2017:

1 Heard.

2 This is an application for setting aside the order dated 9 th April,
2014, passed by the learned Registrar (Judicial) of this Court.

3 Perused the application. There is delay of 1096 days caused in
filing this application.

4 The learned counsel for the applicants submits that the delay is
not deliberately caused. It is therefore, prayed to allow the application.
2 61 ca.5368.17.odt

5 On perusal of the application, it appears that the delay is not
deliberately caused. Therefore, to decide the lis finally on merits and
in view of the law laid down by the Honourable Supreme Court in the
case of M. D. A. Chaudhary Vs. Kartar Chand and Ors.,
MANU/SC/0877/2025, the application deserves to be allowed, in the
interest of justice, as the delay is not deliberately caused.

6 For the reasons stated in the application, the application
deserves to be allowed as the delay is not caused deliberately and
intentionally. Hence, Civil Application No.5368 of 2017 is allowed in
terms of prayer clauses (B) and (C) only. The delay is condoned. The
order dated 9th April, 2014, passed by the learned Registrar (Judicial)
of this Court is set aside. The second appeal is restored to its original
position, subject to the removal of office objections within a period of
two weeks from today.

7 If the office objections are removed within the stipulated period,
list the second appeal and other applications on 21st September, 2026.

8 Interim relief, if any, granted earlier to continue till the next date.

[ SANJAY A. DESHMUKH, J. ]
nga

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