Bombay High Court

JAFFER ABDUL REHMAN JAMDAR and ORS.versusSHRI. ABDUL SALAM USMAN JAMDAR and ORS.

Disposal: Allowed
Bench: ANIL LAXMAN PANSARE

Holding

The court held that the delay is condoned and the civil application is restored to the file subject to removal of objections within seven days.

Summary

The appellants filed a civil application seeking condonation of delay in a second appeal (ST) No.26325 of 2017. The court examined whether the delay could be condoned and the application restored to the file. Relying on procedural principles, the court allowed the application, condoned the delay, and ordered the restoration of the civil application with a directive to remove office objections within seven working days, failing which the dismissal order would stand. The court further ordered the disposal of the civil application after compliance. Thus, the appellants' request for relief was granted subject to the stipulated condition.

Issues considered

Whether the delay in filing the civil application can be condoned
Whether the civil application should be restored to the file
Whether office objections must be removed within a specified time

Subjects

condonation of delay
civil application
restoration of case
second appeal
procedural law

Judgment

911-cas-52-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO.52 OF 2022
IN
REJECTED CASE NO.1716 OF 2018
(SECOND APPEAL (ST) NO.26324 OF 2017)
Jaffer Abdul Rehman Jamdar & Ors. …..Applicants

In the Matter in Between:
Jaffer Abdul Rehman Jamdar & Ors. …..Appellants
Vs.
Abdul Salam Usman Jamdar & Ors. …..Respondents

Mr. Rohit Mahadik (Through VC), for the Applicants.

CORAM : ANIL L. PANSARE, J.
DATED : 18th APRIL 2026
P.C.:-
1. For the reasons set out in the application, the Application is

allowed.

2. Delay is condoned. The Civil Application (St) No.26325 of

2017 is restored to its file with a rider that office objections shall be

removed within seven working days from today, failing which order

of dismissal of Civil Application shall stand restored, without further

reference to this Court.

3. The Civil Application is accordingly disposed of.

(ANIL L. PANSARE, J.)
Digitally
signed by
RAJU
RAJU DATTATRAYA
DATTATRAYA GAIKWAD
GAIKWAD Date:
Gaikwad RD 1/1
2026.04.18
20:17:37
+0530

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