Bombay High Court

THE STATE OF MAHARASHTRA AND OTHERSversusTHE REGISTRAR JUDICIAL HIGH COURT OF BOMBAY BENCH AT AURANGABAD

Disposal: DISPOSED OFF

Holding

The Court condoned the delay and allowed the filing of the affidavit‑in‑reply.

Summary

The High Court of Bombay, Aurangabad Bench, entertained a civil application filed by the State of Maharashtra and others seeking condonation of delay in filing an affidavit‑in‑reply, which had been ordered on 22 June 2026 to be filed within three weeks. The applicants argued that the delay was justified and requested the Court’s indulgence. The Court examined the reasons provided and, applying the principles of procedural law, allowed the condonation of the delay, permitting the filing of the affidavit‑in‑reply. The Court also noted that the District Collector’s affidavit‑in‑reply was ready and would be filed by 24 August 2026, and accepted this statement. Consequently, the civil application was disposed of.

Issues considered

Whether the delay in filing the affidavit‑in‑reply can be condoned under the Civil Procedure Code
Whether the Court may permit the filing of the affidavit‑in‑reply after the prescribed period

Subjects

condonation of delay
affidavit‑in‑reply
civil procedure
High Court
procedural compliance

Judgment

2026:BHC-AUG:38352-DB


                                                 1                    908-CA-8900-26.odt


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                            CIVIL APPLICATION NO. 8900 OF 2026
                                      IN SMPIL/2/2025

                           THE STATE OF MAHARASHTRA AND OTHERS
                                            VERSUS
                 THE REGISTRAR (JUDICIAL) HIGH COURT OF BOMBAY BENCH AT
                                         AURANGABAD
                                               ...
              Ms. N. B. Kamble, AGP for Applicant/State
              Mr. Rohit S. Sarvadnya, Advocate for Petitioner No.6 UOI
              Ms. Geeta Deshpane, Advocate for Respondent
                                               ...
                                      CORAM : NITIN B. SURYAWANSHI AND
                                                ABASAHEB D. SHINDE, JJ.
                                        DATE : 21st AUGUST, 2026

              PER COURT :

              1.           By order dated 22/06/2026, present applicant No.5 was

              directed to file affidavit-in-reply within a period of three weeks from

              the date of passing of the order. By this civil application, applicants

              are seeking condonation of delay caused in filing affidavit-in-reply.

              2.           For the reasons stated in the civil application, the delay

              is condoned. Applicant is permitted to file affidavit-in-reply.

              3.           Learned advocate for respondent submits that the

              District Collector was also directed to file affidavit-in-reply. Learned

              AGP submits that the affidavit-in-reply of District Collector is ready

              and will be filed by 24/08/2026. We accept the said statement.

              4.           Civil application is accordingly disposed of.



              (ABASAHEB D. SHINDE, J.)               (NITIN B. SURYAWANSHI, J.)



              SVH

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