Bombay High Court

DHANAJI GENYA GAVIT DIED THR LRS AJIT DHANAJI GAVITversusTHE SPECIAL ACQUISITION OFFICER -2 NANDURBAR

Disposal: ALLOWED TO BE WITHDRAWN AT ADMISSION STAGE

Holding

The court condoned the delay, quashed the Registrar’s order, and restored the first appeal and civil application subject to removal of objections within three weeks.

Summary

The applicant sought condonation of a 1,087‑day delay in filing an application for restoration of a first appeal (No. 17025 of 2023) and the accompanying civil application (No. 17026). The Registrar had rejected registration of the appeal on the ground of outstanding office objections. The court examined whether such a long delay could be condoned and whether the Registrar’s order could be set aside. Relying on procedural principles, the judge held that the delay could be condoned, quashed the Registrar’s order, and restored the appeal and civil application to their original positions, subject to the applicant removing the objections within three weeks. The court also directed that no interest be claimed for the period of delay.

Issues considered

Whether a delay of 1,087 days in filing an application for restoration of appeal proceedings can be condoned.
Whether the Registrar’s order rejecting registration of the appeal can be set aside.
Whether the first appeal and the civil application can be restored despite the delay.

Subjects

condonation of delay
restoration of appeal
civil procedure
registrar order
interest clause
procedural law

Judgment

2026:BHC-AUG:37403


                                                      1
                                                                       927-ca-9292-2026

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                   CIVIL APPLICATION NO. 9292 OF 2026
                                           IN FAST/17025/2023

                           Dhanaji Genya Gavit Died Thr Lrs Ajit Dhanaji Gavit
                                               VERSUS
                              The Special Acquisition Officer -2 Nandurbar
                                                    ...
                     Mr. A. H. Koralkar h/f Mr. D. B. Rasve, Advocate for Applicants
                     Mr. A. V. Lavte, AGP for Respondent-State
                     Mr. S. B. Kadu i/b Mr. S. R. Patil, Advocate for Respondent
                     no.2
                                                  …..
                                          CORAM : AJIT B. KADETHANKAR, J.
                                            DATED : 18TH AUGUST, 2026

                     P.C. :-

                     .         Heard learned Advocate Mr. A. H. Koralkar h/f Mr. D.

                     B. Rasve for the applicant/appellant, Mr. A. V. Lavte, learned

                     AGP for respondent no.1 and Mr. S. B. Kadu i/b Mr. S. R.

                     Patil, learned Advocate for respondent no.2.

                     2.        This application seeks condonation of delay of 1087

                     days caused in filing the application for restoration of the

                     appeal proceedings and Civil Application filed therein. For

                     want of removal of office objections, learned Registrar

                     (Judicial) of this Court vide order dated 01.08.2023 rejected

                     registration of First Appeal St. No.17025 of 2023 with Civil

                     Application St. No.17026 in First Appeal St. No.17025.
                                    2
                                                     927-ca-9292-2026

3.       For the reasons mentioned in the application, Civil

Application deserves to be allowed. Hence, the following

order:

                                ORDER

        a.       Civil Application stands allowed.
        b.       The delay of 1087 days caused in filing the
        application for restoration stands condoned.
        c.       The order dated 01.08.2023, passed by
        learned Registrar (Judicial) is quashed and set
        aside.
        d.       The First Appeal St. No.17025 of 2023 with
        Civil Application St. No.17026 in First Appeal St.
        No.17025 are restored to their original positions
        provided that the applicant removes all the office
        objections within a period of three weeks from
        today.
        e.       If the objections are not removed, this order
        shall loose its effect. Thereafter no further
        application be entertained for restoration of the
        proceedings.
        f.       Learned Advocate Mr. A. H. Koralkar
        further makes statement that claimant shall not
        claim any interest for the delayed period.



                                        ( AJIT B. KADETHANKAR, J. )

Rushikesh/2026

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