Bombay High Court

ANJANABAI TUKARAM PAWAR (DIED) LRS MITRAVANDABAI (DIED) THR LRS GUNABAI (DIED) LRS HARIDAS AND ORSversusTHE STATE OF MAHARASHTRA THROUGH COLLECTOR, LATUR AND OTHERS

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The order dismissing the First Appeal is quashed and the appeal is restored, subject to removal of office objections within four weeks.

Summary

The applicants filed a petition seeking restoration of a First Appeal that had been dismissed because they failed to remove office objections within the prescribed time. They argued that the dismissal resulted from an oversight that prevented the matter from being noticed. The Court condoned any delay in filing the restoration application and quashed the order dated 04.01.2022 that dismissed the appeal. The First Appeal was restored, subject to the condition that the appellant remove all office objections within four weeks, failing which the order would lapse automatically. The decision effectively reinstates the appeal and imposes a clear deadline for compliance.

Issues considered

Whether the order dismissing the First Appeal for failure to remove office objections can be set aside.
Whether the delay in filing the restoration application can be condoned.

Subjects

restoration of appeal
quashing order
condonation of delay
office objections
civil procedure

Judgment

2026:BHC-AUG:42220



                                                     1
                                                                   915 CA 7881 OF 2022

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                 915 CIVIL APPLICATION NO. 7881 OF 2022
                                            IN FAST/33259/2019

                               ANJANABAI TUKARAM PAWAR (DIED) LRS
                      MITRAVANDABAI (DIED) THR LRS GUNABAI (DIED) LRS
                                           HARIDAS AND ORS
                                                VERSUS
                      THE STATE OF MAHARASHTRA THROUGH COLLECTOR,
                                          LATUR AND OTHERS
                                                   ...
                     Mr. R. K. Ashtekar, Advocate for Applicants
                     Mr. B. V. Virdhe, AGP for Respondent-State
                                                   …

                                            CORAM : AJIT B. KADETHANKAR, J.
                                            DATED : 11th September 2026

                     P.C. :-

                     .         Heard Mr. R. K. Ashtekar, learned Advocate for the

                     applicants.

                     2.        The learned Advocate for the applicants submits that

                     the registration of the First Appeal was refused on account of

                     failure of the appellant to remove office objections within the

                     stipulated time. The present application is filed seeking

                     restoration of the First Appeal by quashing and setting aside

                     the said order of dismissal. He further submits that due to an

                     oversight, the matter could not be noticed which resulted in
                                 2
                                                915 CA 7881 OF 2022

the order of dismissal.

3.       For the reasons stated in the application, the same is

allowed. The delay, if any, caused in filing the application

stands condoned.

4.       The order dated 04.01.2022 passed by the learned

Registrar (Judicial) of this Court is hereby quashed and set

aside.

5.       The First Appeal is restored to its original position,

provided that the appellant shall remove all office objections

within a period of four weeks from today.

6.       It is made clear that if the office objections are not

removed within the stipulated period, this order shall

automatically lose its effect.



                                     ( AJIT B. KADETHANKAR, J. )
PRW

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