Bombay High Court

MOJU RANJIT GAVITversusTHE SPECIAL ACQUISITION OFFICER -2 NANDURBAR

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

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

Summary

The applicant, Moju Ranjit Gavit, filed a civil application seeking condonation of a 1,087‑day delay in filing a petition for restoration of his first appeal (No. 17303 of 2023) after the Registrar had rejected its registration on 8 August 2023 due to office objections. The Court examined whether the delay could be condoned and the Registrar’s order set aside. Relying on the applicant’s explanation and the principle that procedural lapses may be remedied if no prejudice is caused, the Judge allowed the application, condoned the delay, quashed the Registrar’s order and restored the appeal and accompanying civil application to their original positions, subject to removal of objections within three weeks. The order also barred any claim for interest on the delayed period. The decision restores the procedural posture of the appeal and imposes a compliance condition on the applicant.

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 and civil application should be quashed.
Whether the appeal and civil application can be restored subject to conditions.

Subjects

condonation of delay
restoration of appeal
civil procedure
registrar order
quashing
interest waiver

Judgment

2026:BHC-AUG:37553

1
932-ca-9304-2026

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

CIVIL APPLICATION NO. 9304 OF 2026
IN FAST/17303/2023

Moju Ranjit Gavit
VERSUS
The Special Acquisition Officer -2 Nandurbar
...
Mr. A. H. Koralkar h/f Mr. D. B. Rasve, Advocate for Applicants
Mr. R. K. Ingole, 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. R. K. Ingole, 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 08.08.2023 rejected

registration of First Appeal St. No.17303 of 2023 with Civil

Application St. No.17304 of 2023 in First Appeal St. No.17303

of 2023.
2
932-ca-9304-2026

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 08.08.2023, passed by
learned Registrar (Judicial) is quashed and set
aside.
d. The First Appeal St. No.17303 of 2023 with
Civil Application St. No.17304 of 2023 in First
Appeal St. No.17303 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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