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Bombay High Court

SHRIHARI SHIVAJI SONAWANEversusKIRTI SHRIHARI SONAWANE

Decided
Disposal
Disposed Off

Holding

The court condoned the delay and restored the second appeal, subject to the condition that all office objections be removed within six weeks.

Summary

The applicant, Shrihari Shivaji Sonawane, filed an interim application seeking restoration of a second appeal that had been dismissed for failure to remove office objections. The court examined whether the 117‑day delay in filing the interim application could be condoned. It held that the delay was condonable and allowed the restoration of the appeal. However, the restoration was made subject to the condition that all office objections be removed within six weeks. The interim application was consequently disposed of after granting the conditional restoration.

Issues considered

  • Whether a delay of 117 days in filing an interim application for restoration of a dismissed appeal can be condoned.
  • Whether the second appeal can be restored subject to the condition of removing office objections within a specified period.

Subjects

  • interim application
  • condonation of delay
  • restoration of appeal
  • office objections
  • civil procedure

Judgment

  2026:BHC-AS:39607

                          Megha                                                      6_ia_1681_2026


                                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                  CIVIL APPELLATE JURISDICTION
                                              INTERIM APPLICATION NO.1681 OF 2026
                                                              IN
                                            SECOND APPEAL (STAMP) NO.26977 OF 2025

                          Shrihari Shivaji Sonawane                                  ...Applicant

                                                V/s.

                          Kirti Shrihari Sonawane                                   ...Respondent
                                                            ________________
                          Ms. Mrunmai Rokade i/b. Mr. Narayan Rokade for the Applicant.
                                                            ________________


                                                                     CORAM: SANDEEP V. MARNE, J.

                                                                      DATED: 29 SEPTEMBER 2026.


                          P.C.:


                          1)          Interim Application is filed for restoration of the Second Appeal,
                          which is dismissed for non-removal of office objections. For the reasons
                          indicated in the Application, the same is allowed by condoning the delay
                          of 117 days in filing the Interim Application.


                          2)          The Second Appeal is restored subject to condition that all the
                          office objections are removed within a period of six weeks.


                          3)          Interim Application is accordingly disposed of.


                                                                                 [SANDEEP V. MARNE, J.]

Signed by: Megha S. Parab
                                                               Page No.1 of 1
Designation: PA To Honourable Judge                          29 September 2026
Date: 29/09/2026 18:41:35


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