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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

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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