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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