Bombay High Court

KANWARSINGH ISHWAR NAIKversusTHE STATE OF MAHARASHTRA AND ANR

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The Court condoned the 1,606‑day delay, quashed the Registrar’s order, and restored the First Appeal and Civil Application, subject to removal of objections within three weeks.

Summary

Kanwarsingh Ishwar Naik filed a First Appeal (No.27726 of 2019) and a related Civil Application (No.27727 of 2019) but the Registrar rejected registration on 16‑11‑2021 due to office objections. The applicant later filed an application for restoration after a delay of 1,606 days, seeking condonation of the delay and reinstatement of the appeal proceedings. The Court examined whether such a long delay could be condoned and whether the Registrar's order could be set aside. It held that the delay was condonable, 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 the applicant shall not claim any interest for the period of delay.

Issues considered

Whether a delay of 1,606 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 related Civil Application can be restored to their original positions.

Subjects

condonation of delay
restoration of appeal
civil application
registrar order
quash
interest waiver

Judgment

2026:BHC-AUG:37552

                                                      1
                                                                       931-ca-9303-2026

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                   CIVIL APPLICATION NO. 9303 OF 2026
                                           IN FAST/27726/2019

                                          Kanwarsingh Ishwar Naik
                                                   VERSUS
                                      The State Of Maharashtra And Anr
                                                     ...
                     Mr. A. H. Koralkar h/f Mr. D. B. Rasve, Advocate for Applicants
                     Mr. S. N. Kendre, 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. S. N. Kendre,

                     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 1606

                     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 16.11.2021 rejected

                     registration of First Appeal St. No.27726 of 2019 with Civil

                     Application St. No.27727 of 2019 in First Appeal St. No.27726

                     of 2019.
                                    2
                                                     931-ca-9303-2026

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 1606 days caused in filing the
        application for restoration stands condoned.
        c.       The order dated 16.11.2021, passed by
        learned Registrar (Judicial) is quashed and set
        aside.
        d.       The First Appeal St. No.27726 of 2019 with
        Civil Application St. No.27727 of 2019 in First
        Appeal St. No.27726 of 2019 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

Continue reading with your account

Checking your session…