Bombay High Court
J. S. JOSHI (DECEASED) THR. LRS. SMT. JAYSHRI J. JOSHI (DECEASED) THR. LRS. 1A AND 1F AND ORS.versusDAYANANAD BABURAO CHOGLE (DECEASED) AND ORS.
- Decided
- Disposal
- Disposed Off
Holding
The court quashed the Registrar's order and restored the Civil Revision Application, allowing the petitioner a further period to remove the objection.
Summary
The petitioner filed an interim application seeking restoration of a Civil Revision Application that had been dismissed for failure to remove an office objection. The Registrar (Judicial) had ordered the petitioner to remove the objection within two weeks, but the petitioner inadvertently missed the notice. The court considered the petitioner's explanation and quashed the Registrar's order dated 10 August 2026, thereby restoring the Civil Revision Application to the file. The interim application was disposed of, and the petitioner was given three weeks to comply with the office objection removal, after which the Registrar's order would stand. The matter was listed for hearing on 29 September 2026.
Issues considered
- What is the appropriate remedy when a Civil Revision Application is dismissed due to non‑removal of an office objection?
Subjects
- civil revision
- office objection
- restoration of application
- interim application
- quash order
Judgment
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 7092 OF 2026
IN
CIVIL REVISION APPLICATION (ST) NO.17973 OF 2026
Sudesh Janardan Joshi & Ors. .. Petitioner
Vs.
Prasad Vasant Chogle & Anr. .. Respondents
Adv. Jayesh Jayale, for the Applicant.
CORAM : ARUN R. PEDNEKER, J.
Date : 8th SEPTEMBER 2026
P.C. :
1. The application is filed seeking restoration of the Civil Revision
Application, which came to be dismissed on account of non-removal of
office objection.
2. It is pointed out that the, Registrar (Judicial) by order dated 10 th
August 2026 directed Petitioner to remove office objection within two
weeks, failing which the Petition was liable to be dismissed. The Petitioner,
however, failed to remove office objections as he inadvertently failed to take
notice of the matter before the Registrar. Consequently, the Civil Revision
Application came to be dismissed upon noticing the dismissal, the present
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905.IA.7092.2026.doc Sufiyan Syed - PA
application is filed, seeking restoration of the Civil Revision Application.
3. Considering the reason given, the order of the Registrar (Judicial)
dated 10th August 2026 is quashed.
4. The Interim Application is disposed of.
5. The Civil Revision Application is restored to file.
6. Three weeks time granted to remove office objections, failing which,
the order of the Registrar (Judicial) dated 10th August 2026 will stand
restored.
7. List the Civil Revision Application on 29th September 2026.
(ARUN R. PEDNEKER, J.)
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