Bombay High Court
GOVIND SADASHIV KAWALE (DIED) THR LRS SHAKUNTALABAI AND ORSversusTHE STATE OF MAHARASHTRA THR COLLECTOR, LATUR AND ORS
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
- Bench
- SHAILESH P BRAHME
Holding
The Court condoned the delays and restored the first appeals to their original positions.
Summary
The petitioners, Laxmibai (representing the estate of Govind Kawale) and Govind Sadashiv Kawale (representing his estate), filed applications seeking condonation of delays of 577 days and 1,027 days respectively, to have their first appeals restored after those appeals were dismissed for failure to remove office objections. The High Court examined whether such extensive delays could be condoned under procedural law. The Court held that the delays were condonable and ordered that the first appeals be restored to their original positions. It further directed the petitioners' counsel to remove the pending office objections within four weeks. Consequently, the petitions were granted and the appeals reinstated.
Issues considered
- Whether a delay of 577 days and 1,027 days in filing a petition for restoration of a first appeal can be condoned.
- Whether the first appeals dismissed for non‑removal of office objections can be restored upon condonation of delay.
Subjects
- condonation of delay
- first appeal
- office objections
- Civil Procedure Code
- High Court
Judgment
2026:BHC-AUG:9186
69 & 70.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
69 CIVIL APPLICATION NO. 6027 OF 2025
IN FAST/3045/2022
Laxmibai W/o Govind Kawale (died) Thr Lrs Shakuntalabai And Ors
VERSUS
The State Of Maharashtra Thr Collector, Latur And Ors
...
Mr. V. B. Anjanwatikar, Advocate for Applicant
Mr. S. N. Morampalle, AGP for Respondents
70 CIVIL APPLICATION NO. 7217 OF 2025
IN FAST/3736/2022 WITH
CIVIL APPLICATION NO. 3080 OF 2022
IN FAST/3736/2022
Govind Sadashiv Kawale (died) Thr Lrs Shakuntalabai And Ors
VERSUS
The State Of Maharashtra Thr Collector, Latur And Ors
...
Mr. V. B. Anjanwatikar, Advocate for Applicant
Mr. N. D. Raje, AGP for Respondents
***
CORAM : SHAILESH P. BRAHME, J
DATE : MARCH 04, 2026
PC :
1. Applicants seek to condone delay of 577 and 1027 days
respectively in restoring First Appeal, which were dismissed for not
removing office objections.
2. The delay stands condoned. First Appeals are restored to their
original position.
PAGE 1 OF 2
69 & 70.odt
3. Learned Counsel for the Appellants undertake to remove office
objections within a period of four weeks.
(SHAILESH P. BRAHME, J.)
Umesh
PAGE 2 OF 2
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