Bombay High Court

KOYNA EDUCATION SOCIETY PATAN THR. ITS GENERAL SECRETARYversusDATTATRAY SHANKAR SHINDE AND ANR.

Disposal: Allowed

Holding

The Court held that the 35‑day delay may be condoned and restored the writ petition to its original position.

Summary

The Koyna Education Society filed an interim application seeking condonation of a 35‑day delay in filing a petition for restoration of its writ petition to its original position. The Court examined whether the delay could be justified under the principles of equity and procedural law. No substantive arguments on merits were recorded, and the Court found the reasons for delay satisfactory. Consequently, the Court allowed the application, condoned the delay, and restored the writ petition to its original status. The writ petition was thereafter disposed, and the applicant was directed to remove any office objections.

Issues considered

Whether a delay of 35 days in filing an application for restoration of a writ petition can be condoned?

Subjects

condonation of delay
writ petition
restoration
civil appellate jurisdiction
High Court

Judgment

                                                       29-IA-1295-2026 (C).doc




              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      CIRCUIT BENCH AT KOLHAPUR

                       CIVIL APPELLATE JURISDICTION

                   INTERIM APPLICATION NO. 1295 OF 2026
                                    IN
                    WRIT PETITION (ST) NO. 29777 OF 2025

Koyna Education Society Patan Thr. Its General Secretary     ...Applicant
      Versus
Dattatray Shankar Shinde And Anr.                        ...Respondents

                               …..
Adv. Sagar Mane a/w Adv. Rushikesh Jagdale a/w Adv. Neha Farakate,
Advocate for Applicant.
                               …..


                                      CORAM : SHAILESH P. BRAHME, J.

                                      DATE     : 4th SEPTEMBER, 2026.

P.C. :

           By this application, the applicant seeks to condone the delay of

35 days caused in filing the present application for restoration of writ

petition to its original position.

2.         For the reasons stated in the application, the application stands

allowed and the delay stands condoned. The petition shall stand

restored to its original position. Accordingly, the writ petition is

disposed of.

3.         Applicant shall remove Office objections.


                                                [ SHAILESH P. BRAHME, J.]


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