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Bombay High Court

RAMKISAN BALASAHEB PATIL THROUGH LRS CHANDRAKANT RAMKISAN PATIL AND OTHERSversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal
DISPOSED OFF

Holding

The Court condoned the delay and restored the writ petition to its original position.

Summary

The applicants, Ramkisan Balasaheb Patil and others, filed a civil application seeking restoration of a writ petition (WP/676/2020) that had been dismissed in default because they failed to remove office objections within the two‑week period ordered on 24‑03‑2026. The application was filed 60 days after the deadline, raising the question of whether such delay could be condoned. The Court examined the reasons provided in the application and decided to condone the delay. Consequently, the civil application was allowed, the writ petition was restored to its original position, and the applicants were directed to remove the office objections within two weeks from the order. The civil application was thereafter disposed of.

Issues considered

  • Whether the 60‑day delay in filing the application for restoration of the writ petition can be condoned.
  • Whether a writ petition dismissed in default can be restored upon condonation of delay.

Subjects

  • restoration of writ
  • default dismissal
  • condonation of delay
  • civil application
  • High Court of Bombay

Judgment

2026:BHC-AUG:31474-DB


                                                 1               22-CA 6819-2026.odt



                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                                 CIVIL APPLICATION NO. 6819 OF 2026
                                           IN WP/676/2020

                 Ramkisan Balasaheb Patil
                 Through L.Rs. Chandrakant Ramkisan Patil
                 And Others                                                 .. Applicants

                        Versus

                 The State Of Maharashtra And Others                        .. Respondents

                 Mr. N. B. Bhosale, Advocate h/f Mr. V. D. Salunke, Advocate for
                 Applicants.
                 Mr. S. R. Yadav-Lonikar, AGP for Respondent No. 1.
                 Mr. A. D. Kulkarni, Advocate for Respondent No. 2.
                 Mr. S.T. Chalikwar, Advocate for Respondent Nos. 3 & 4.

                                         CORAM : KISHORE C. SANT AND
                                                 AJIT B. KADETHANKAR, JJ.
                                          DATE       :   27th JULY, 2026.

                 PER COURT :-

                 1.     Heard learned advocate for the applicants and learned

                 advocate for respondents.


                 2.     This civil application is filed seeking restoration of the writ

                 petition which was dismissed in default by conditional order dated

                 24.03.2026. The applicants could not remove the office objections

                 within two weeks as per the said order.               While filing this

                 application there is delay of 60 days caused in filing this
                                 2              22-CA 6819-2026.odt


application.


3.       For the reasons stated in the application, delay stands

condoned.       The civil application is allowed.     The writ petition

stands restored to its original position.


4.       Office to allow the applicants to remove office objections

within two weeks from today.


5.       The civil application stands disposed of.



( AJIT B. KADETHANKAR, J.)                    ( KISHORE C. SANT, J. )




P.S.B.


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