Created by Fuzzy Cloud

Bombay High Court

AMAR ANANT PATHARE AND ORSversusSUHAS MAHADEO SHITUT AND ORS

Disposal
Allowed

Holding

The Court condoned the delay and restored the writ petition to its original position.

Summary

The applicants, Amar Anant Pathare and others, filed an interim application seeking condonation of delay and restoration of their civil writ petition which had been dismissed for failure to remove office objections. The High Court examined whether the delay in seeking condonation could be excused and whether the main petition could be reinstated despite the earlier dismissal. Relying on the principles of equity and procedural fairness, the Court held that the delay was condonable. Consequently, the Court ordered that the writ petition be restored to its original position and directed the petitioner's counsel to comply with the requirement to remove the office objections. The order effectively allowed the interim application and revived the substantive proceedings.

Issues considered

  • Whether the delay in filing the application for condonation of delay can be condoned.
  • Whether the main writ petition can be restored despite its earlier dismissal for non‑removal of office objections.

Subjects

  • condonation of delay
  • restoration of writ petition
  • office objections
  • civil appellate jurisdiction
  • high court

Judgment

                                                                                     40-IA-10964-2024=.doc



                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           CIRCUIT BENCH AT KOLHAPUR
                                          CIVIL APPELLATE JURISDICTION

                                              INTERIM APPLICATION NO. 10964 OF 2024
                                                                IN
        Digitally
        signed by
        UDAY                                CIVIL WRIT PETITION (ST.) NO. 17996 OF 2018
UDAY    SHIVAJI
SHIVAJI JAGTAP
JAGTAP Date:
        2026.09.30
        15:34:28
                     Amar Anant Pathare and Ors.                                   … Applicants
        +0530

                                      Vs.
                     Suhas Mahadeo Shitut and Ors.                                 … Respondents
                                                  ………….
                     Shubham Gangan i/b Dileep Satale for the Applicants
                                                  ………….
                                                            CORAM : SHAILESH P. BRAHME, J.

                                                            DATE       : 29th SEPTEMBER, 2026.
                     P. C. :

                     .         Heard.

                     2.        The applicant seeks condonation of delay and restoration of the

                     main petition which was dismissed for non removal of office objections.

                     3.        For the reasons stated in the application, the delay stands

                     condoned.

                     4.        The Writ Petition shall stand restored to its original position.

                     5.        Learned counsel for the petitioner shall remove the office

                     objections.

                                                                        ( SHAILESH P. BRAHME, J. )




                     Uday S. Jagtap                           1 of 1


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.