Bombay High Court

VASANT SURAJI TIJARE (DIED) THR. LRS LALITABAI VASANT TIJARE AND ORSversusTHE SPECIAL LAND ACQUISION OFFICER (I) UPPER TAPI PROJECT, HATNUR JALGAON AND ANR

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

A delay of 756 days in filing a restoration application may be condoned, and the registrar’s order refusing registration is set aside, thereby restoring the appeal and civil application.

Summary

The petitioners filed a civil application seeking restoration of a first appeal (St. No.33711 of 2022) and a related civil application (St. No.33712 of 2022) after the registrar refused to register them due to non‑removal of office objections. The petitioners acknowledged a delay of 756 days in filing the restoration application and offered to clear the objections within four weeks. The Court condoned the delay, restored the appeal and the civil application to their original positions, and quashed the registrar’s order dated 07‑02‑2023 refusing registration. The Court directed the petitioners to remove all office objections within four weeks, warning that failure would render the order ineffective, and imposed a cost of Rs.10,000 for any further extension. Consequently, the proceedings were reinstated and the earlier refusal set aside.

Issues considered

What is the appropriate standard for condoning a delay of 756 days in filing a restoration application?
Whether the registrar’s order refusing registration of the appeal and application can be set aside.

Subjects

restoration of appeal
condonation of delay
civil procedure
registration of appeal
office objections
High Court

Judgment

2026:BHC-AUG:41257



                                                        1
                                                                         928-ca-7891-2025

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                    CIVIL APPLICATION NO. 7891 OF 2025
                                            IN FAST/33711/2022

                     Vasant Suraji Tijare (died) Thr. Lrs Lalitabai Vasant Tijare And
                                                   Ors
                                                 VERSUS
                       The Special Land Acquision Officer (i) Upper Tapi Project,
                                         Hatnur Jalgaon And Anr
                                                    ...
                     Mr. H. P. Kshirsagar, Advocate for Applicants
                     Mr. B. V. Virdhe, AGP for Respondent-State
                                                   …..
                                           CORAM : AJIT B. KADETHANKAR, J.
                                              DATED : 04TH SEPTEMBER, 2026
                     P.C. :-

                     .         The present Civil application is filed for restoration of

                     the First Appeal St. No.33711 of 2022 along with Application

                     St. No.33712 of 2022. On account of non removal of office

                     objections within the time granted by this Court, the learned

                     Registrar (Judicial) of this Court refused to register the said

                     First Appeal and Civil Application.

                     2.        Now this Civil Application is filed for restoration of the

                     proceedings with a prayer for condonation of delay caused in

                     filing this application. It is also undertaken that the applicant

                     would remove all the office objections within a period of four

                     weeks from today.
                                 2
                                                  928-ca-7891-2025

3.      For the reasons stated in the application, application

stands allowed. Delay of 756 days caused in filing this Civil

Application stands condoned. The First Appeal St. No.33711

of 2022 along with Civil Application St. No.33712 of 2022

stands restored to its original position.

4.      The order dated 07.02.2023 refusing registration of the

proceedings is quashed and set aside.

5.      The applicants shall remove all the office objections

within a period of four weeks from today. Failure to remove

office objections would make this order ineffective. Any

further extension for restoration shall be subject to costs of

Rs.10,000/-.



                                     ( AJIT B. KADETHANKAR, J. )

Rushikesh/2026

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