Bombay High Court

ISHWAR VITHALRAO PINALWAR AND ANOTHERversusJYOTI DWARKADAS RATHI AND OTHERS

Disposal: DISPOSED OFF

Holding

The court condoned the delay, recalled the registrar’s order dated 17‑02‑2014, and restored the writ petition to its original position.

Summary

The applicants filed a civil application seeking to recall the Registrar (Judicial)'s order dated 17‑02‑2014 that refused registration of their writ petition because of an unremoved office objection. The writ petition challenged a 10‑07‑2013 judgment of the Maharashtra Co‑operative Appellate Court which had upheld a 30‑04‑2012 order of the Co‑operative Court of Nanded. Due to inadvertent oversight, the office objection was not removed, leading to the registrar’s refusal, which the applicants were unaware of; their former advocate died in 2017 and one applicant died in 2022. The court considered the peculiar circumstances and, in the interest of justice, condoned the delay, recalled the registrar’s order, and restored the writ petition to its original position. The application was therefore allowed.

Issues considered

Whether the delay in filing the civil application for condonation and setting aside the registrar's order can be condoned.
Whether the registrar's order refusing registration of the writ petition on account of non‑removal of the office objection can be recalled.

Subjects

civil procedure
condonation of delay
registration of writ petition
office objection
recall of order
High Court
justice

Judgment

                                 1                    93-CA-7763-26.odt




       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  BENCH AT AURANGABAD


       CIVIL APPLICATION NO. 7763 OF 2026 IN RC/316/2014

           ISHWAR VITHALRAO PINALWAR AND ANOTHER
                             VERSUS
              JYOTI DWARKADAS RATHI AND OTHERS
                                ...
              Advocate for Applicants : Mr. P. P. More
                                ...

                          CORAM :        SACHIN S. DESHMUKH, J.
                          DATE       :   10-09-2026
PER COURT:-

1.    The applicants seek the recalling of the order dated

17.02.2014 rendered by the Registrar (Judicial), refusing the

registration of the writ petition on account of non-removal of the

office objection.


2.    The underlying writ petition challenges the judgment dated

10.07.2013 rendered by the Maharashtra Co-operative Appellate

Court (Mumbai Bench at Aurangabad), which dismissed the

petitioners' appeal and confirmed the Co-operative Court of

Nanded's order dated 30.04.2012.


3.    At the time of filing, certain office objections were raised.

Those were inadvertently overlooked by the petitioners, resulted

into the matter being listed before the Registrar (Judicial) and the

subsequent refusal of the registration.
                                    2                    93-CA-7763-26.odt



4.      The applicants       were unaware of   this   refusal. In    the

interregnum, to add to the applicants plight, the erstwhile

Advocate on record representing the applicants passed away in

the year 2017. Furthermore, applicant No. 2 died in the year 2022.

Consequently, the present application has been filed seeking two

fold relief i.e. the condonation of delay and the setting aside of the

order dated 17.02.2014.


5.      In view of the above peculiar facts, the Civil Application, in

the interest of justice, deserves to be allowed.          Hence, the

following order:

                                  ORDER

(i)     The Civil Application is allowed in terms of prayer clauses

        “B” and “C”.

(ii)    The delay caused in filing the present application is

        condoned.

(iii)   The order dated 17.02.2014 passed by the Registrar

        (Judicial) is hereby recalled.

(iv)    Writ Petition (Stamp) No. 22285 of 2013 is restored to its

        original position.




                                    [SACHIN S. DESHMUKH]
                                            JUDGE

rrd

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