Bombay High Court
VISHWAS SAMPAT DABHADE AND ANOTHERversusKAJAL LAXMAN DABHADE AND OTHERS
- Disposal
- APPLICATION ALLOWED
Holding
The appeal is restored to its original position, subject to removal of the office objections within two weeks.
Summary
The petitioners filed an application seeking restoration of an appeal that had been dismissed because the appellant had failed to remove the court’s office objections. The application was filed 73 days after the dismissal, a delay the court examined to determine whether it was intentional. The court found that the delay was not deliberate and, considering the reasons given, deemed it appropriate to grant the relief in the interest of justice. Consequently, the court ordered that the appeal be restored to its original position, but imposed a condition that the office objections must be removed within two weeks. The court further clarified that failure to comply with this condition would result in the application being deemed rejected without further reference to the court.
Issues considered
- Whether an appeal dismissed for non‑removal of office objections can be restored despite a 73‑day delay in filing the restoration application.
Subjects
- restoration of appeal
- office objections
- delay in filing
- civil procedure
- interest of justice
Judgment
2026:BHC-AUG:37098
1 967.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD.
967 CIVIL APPLICATION NO. 6565 OF 2026
IN SAST/3446/2026
VISHWAS SAMPAT DABHADE AND ANOTHER
VERSUS
KAJAL LAXMAN DABHADE AND OTHERS
...
Advocate for Applicant : Mr. Narendra Daulatrao Sonavane.
...
CORAM : SANJAY A. DESHMUKH, J.
DATE : 18th August, 2026.
P.C.:
1 This is an application for restoration of the appeal, which was
dismissed for non-removal of office objections.
2 Perused the application. There is delay of 73 days caused in
filing this application.
3 On perusal of the application, it appears that the delay is not
caused deliberately and intentionally. For the reasons stated in the
application, the application deserves to be allowed in the interest of
justice. The application is allowed in terms of prayer clauses (A) and
(B). The appeal is restored to its original position, subject to the
removal of office objections within two weeks from today.
4 It is clarified that if the office objections are not removed within
the stipulated time, this application shall be deemed to be rejected
without further reference to the Court.
[ SANJAY A. DESHMUKH, J. ]
nga
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