Bombay High Court

DEVJA BAPU WALVI DIED THR LRS JERMA DEVJA WALVI AND ORSversusTHE SPECIAL ACQUISITION OFFICER -2 NANDURBAR AND ANR

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

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

Summary

The petitioners, heirs of Devja Bapu Walvi, filed a civil application seeking restoration of a first appeal (No.17487 of 2023) and a related civil application (No.17489 of 2023) after the court’s registrar had rejected registration due to unresolved office objections. The rejection was dated 1 August 2023, and the petitioners filed the restoration application 1,087 days later. The court considered whether such a lengthy delay could be condoned and whether the registrar’s order could be set aside. Relying on principles of equity and procedural law, the bench condoned the delay, quashed the registrar’s order and restored the appeal and civil application, subject to removal of objections within three weeks. The court further directed that the claimant shall not claim any interest for the delayed period. The order will lapse if the objections are not removed within the stipulated time.

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 restoration of the appeal and civil application is permissible subject to the removal of office objections.

Subjects

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

Judgment

2026:BHC-AUG:37551

                                                      1
                                                                       930-ca-9302-2026

                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       BENCH AT AURANGABAD

                                   CIVIL APPLICATION NO. 9302 OF 2026
                                           IN FAST/17487/2023

                          Devja Bapu Walvi Died Thr Lrs Jerma Devja Walvi And Ors
                                                  VERSUS
                            The Special Acquisition Officer -2 Nandurbar And Anr
                                                     ...
                     Mr. A. H. Koralkar h/f Mr. D. B. Rasve, Advocate for Applicants
                     Mr. K. B. Jadhavar, 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. K. B Jadhavar,

                     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.17487 of 2023 with Civil

                     Application St. No.17489 of 2023 in First Appeal St. No.17487

                     of 2023.
                                    2
                                                     930-ca-9302-2026

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.17487 of 2023 with
        Civil Application St. No.17489 of 2023 in First
        Appeal St. No.17487 of 2023 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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