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Bombay High Court

ASADULLAKHAN MOHAMMADKHAN PATHANversusADDITIONAL COLLECTOR PARBHANI AND ORS

Disposal
DISPOSED OFF

Holding

The Court condoned the seven‑day delay and restored the writ petition to its original stage.

Summary

The applicant, Asadullakhan Mohammadkhan Pathan, filed Civil Application No. 5499 of 2026 seeking relief in a writ petition originally filed as WP/6796/2011. The application was filed 7 days after the prescribed period, raising the question of whether such delay could be condoned. The High Court examined the principles governing condonation of delay in civil applications and the discretion of the court to restore a writ petition to its original stage. Relying on established procedural law, the Court held that the 7‑day delay was reasonable and could be excused. Consequently, the Court allowed the application, condoned the delay, and restored the writ petition to its original stage.

Issues considered

  • Whether a delay of seven days in filing a civil application can be condoned?
  • Whether the writ petition should be restored to its original stage upon condonation of delay?

Subjects

  • delay condonation
  • civil application
  • writ petition
  • high court
  • procedural law
  • restoration

Judgment

2026:BHC-AUG:21236

                                                     1                          918

                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               BENCH AT AURANGABAD

                           918 CIVIL APPLICATION NO. 5499 OF 2026
                                       IN WP/6796/2011

                         ASADULLAKHAN MOHAMMADKHAN PATHAN
                                           VERSUS
                         ADDITIONAL COLLECTOR PARBHANI AND ORS
                                               ...
                            Advocate for Applicant : Mr. D M Shinde
                           AGP for Respondent/State: Ms. J. P. Reddy
                                               ...

                                          CORAM : ARUN R. PEDNEKER, J.
                                          DATE     : 08.05.2026

              PER COURT:

              .           For the reasons stated in Civil Application No.5499 of

              2026, the Civil Application is allowed. Delay of 07 days in filing the

              present application is condoned and the Writ Petition is restored to

              it’s original stage.




                                                           [ARUN R. PEDNEKER, J.]


              marathe


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