Bombay High Court

PRATAP GOMA VALVI DIED THR LRS RAJKUMAR PRATAP VALVIversusTHE SPECIAL ACQUISITION OFFICER -2 NANDURBAR AND ANR

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The court condoned the 1087‑day delay, quashed the Registrar’s order, and restored the appeal and civil application subject to removal of office objections within three weeks.

Summary

The applicant sought condonation of a 1087‑day delay in filing an application for restoration of a first appeal (S. No. 17022 of 2023) and the accompanying civil application (S. No. 17024 of 2023) after the Registrar (Judicial) had rejected registration on the ground of office objections. The court examined whether such a lengthy delay could be condoned and whether the Registrar’s order could be set aside. Relying on principles of equity and the discretion vested in the court to restore proceedings, the judge held that the delay was condonable. Consequently, the Registrar’s order dated 01‑08‑2023 was quashed, the appeal and civil application were restored to their original positions, and the applicant was directed to remove the office objections within three weeks. The order also barred the claimant from claiming interest for the period of delay.

Issues considered

Whether a delay of 1087 days in filing an application for restoration of appeal proceedings can be condoned.
Whether the Registrar’s order rejecting registration on the basis of office objections can be set aside.
Whether the appeal and accompanying civil application may be restored subject to conditions.

Subjects

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

Judgment

2026:BHC-AUG:37554

                                                      1
                                                                       933-ca-9305-2026

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                   CIVIL APPLICATION NO. 9305 OF 2026
                                           IN FAST/17022/2023

                          Pratap Goma Valvi Died Thr Lrs Rajkumar Pratap Valvi
                                                VERSUS
                          The Special Acquisition Officer -2 Nandurbar And Anr
                                                   ...
                     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.17022 of 2023 with Civil

                     Application St. No.17024 of 2023 in First Appeal St. No.17022

                     of 2023.
                                    2
                                                     933-ca-9305-2026

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.17022 of 2023 with
        Civil Application St. No.17024 of 2023 in First
        Appeal St. No.17022 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

Continue reading with your account

Checking your session…