Bombay High Court
HEMANT @ PAPPU PADMAKAR GADE AND ANRversusPRABHAKAR SHRIDHAR GADHE AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The court condoned the delay, set aside the dismissal order, and restored the writ petition subject to removal of office objections within two weeks.
Summary
The applicants, Hemant @ Pappu Padmakar Gade and another, filed an interim application seeking to set aside an order dated 9 December 2025 that dismissed their writ petition for failure to remove office objections. They assured the court that the objections would be removed within two weeks. The court considered the 186‑day delay in filing the application and, relying on principles of condonation, decided to condone the delay. Consequently, the dismissal order was set aside and the writ petition was restored, subject to the applicants complying with the removal of objections within the stipulated period. The court further directed that if the objections are not removed, the writ petition will be dismissed again, and the application was disposed.
Issues considered
- Whether a delay of 186 days in filing an application to set aside a dismissal order can be condoned.
- Whether the order dismissing the writ petition for non‑removal of office objections should be set aside.
Subjects
- interim application
- condonation of delay
- office objections
- writ petition
- civil appellate jurisdiction
- restoration of petition
Judgment
7-IA6712-2026.DOC
Santosh
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 6712 OF 2026
IN
WRIT PETITION (ST) NO. 33416 OF 2026
Hemant @ Pappu Padmakar Gade And Anr ...Applicants
Versus
Prabhakar Shridhar Gadhe And Ors …Respondents
Mr. Manoj Budgujar, for the Applicants.
SANTOSH
SUBHASH
KULKARNI CORAM: N. J. JAMADAR, J.
Digitally signed by
SANTOSH SUBHASH
KULKARNI
DATED: 28th SEPTEMBER, 2026
Date: 2026.09.29
14:57:05 +0530
PC:-
1. Heard the learned Counsel for the applicants.
2. The learned Counsel for the applicants submits that the
applicants will remove the office objections within a period of
two weeks.
3. In view of the aforesaid statement and for the reasons
assigned in the application, the delay of 186 days in filing the
application to set aside the order dated 9 th December, 2025
stands condoned and the order dated 9 th December, 2025
dismissing the writ petition for non-removal of office objections
stands set aside and WP(ST)/33416/2026 stands restored to file
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7-IA6712-2026.DOC
subject to the applicants – petitioners removing the office
objections within a period of two weeks.
4. In the event office objections are removed, within a period
of two weeks, list the petition as a fresh matter.
5. In case the office objections are not complied with, within
the said period of two weeks, this order shall stand recalled and
the writ petition stand dismissed, without further reference to
the Court.
6. The application stands disposed.
[N. J. JAMADAR, J.]
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