Bombay High Court

JALAMSINGH HIRA VASAVE DIED THR LRS REHANABAI JAHANGU VASAVEversusTHE 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.

Summary

The applicant, represented by Rehanabai Jahangu Vasave, filed a civil application seeking condonation of a 1087‑day delay in applying for restoration of a first appeal (No.17034 of 2023) and the accompanying civil application (No.17035 of 2023). The Registrar had rejected registration of the appeal on the ground of outstanding office objections. The High 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 procedural discretion, the Court allowed the civil application, 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. The Court also directed that no interest be claimed 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 of the appeal can be set aside

Subjects

condonation of delay
restoration of appeal
civil application
registrar order
quash
procedural law
interest

Judgment

2026:BHC-AUG:37555

                                                      1
                                                                       934-ca-9306-2026

                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                                   CIVIL APPLICATION NO. 9306 OF 2026
                                           IN FAST/17034/2023

                          Jalamsingh Hira Vasave Died Thr Lrs Rehanabai Jahangu
                                                  Vasave
                                                 VERSUS
                               The Special Acquisition Officer -2 Nandurbar
                                                     ...
                     Mr. A. H. Koralkar h/f Mr. D. B. Rasve, Advocate for Applicants
                     Mr. B. V. Virdhe, 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. B. V. Virdhe, 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.17034 of 2023 with Civil

                     Application St. No.17035 of 2023 in First Appeal St. No.17034

                     of 2023.
                                    2
                                                     934-ca-9306-2026

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.17034 of 2023 with
        Civil Application St. No.17035 of 2023 in First
        Appeal St. No.17034 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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