Bombay High Court
Atmaram Ramchandra KurilversusRamsakal Jaiswar
- 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 petitioners filed an interim application seeking condonation of delay in filing a restoration application for their writ petition, which had been dismissed for non‑removal of office objections. The learned counsel stated that the office objections would be removed within two weeks. The Court, considering this statement, set aside the dismissal order dated 5 May 2026 and restored the writ petition, subject to the petitioners removing the objections within the stipulated period. The Court directed that if the objections are removed, the petition shall be listed as a fresh matter for admission; otherwise, the dismissal will stand. The interim application was consequently disposed.
Issues considered
- Whether the delay in filing the restoration application for the writ petition can be condoned
- Whether the writ petition can be restored subject to removal of office objections within a specified time
Subjects
- writ petition
- office objections
- condonation of delay
- restoration of petition
- civil appellate jurisdiction
Judgment
2 IA-7227-26.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 7227 OF 2026
IN
WRIT PETITION (ST) NO. 7812 OF 2026
Atmaram Ramchandra Kuril & ors. ..Applicants/
Petitioners
Versus
Ramsakal Jaiswar & ors. …Respondents
Mr. Sachin Hande, i/b Lexfort Associates, for the Applicants.
CORAM : N. J. JAMADAR, J.
DATE : 18th SEPTEMBER 2026
P.C.:
SAINATH
SANJAY
BODKHE
Digitally signed
by SAINATH
SANJAY BODKHE
1. Heard the learned Counsel for the applicants.
Date: 2026.09.19
16:34:54 +0530
2. Mr. Hande, the learned Counsel for the applicants, on
instructions, submits that, the office objections would be
removed within a period of two weeks.
3. In view of the aforesaid statement and for the reasons
assigned in the application, the delay in taking out the
application for restoration of the WP(st)/7812/2026 which came
to be dismissed for non-removal of office objections, stands
condoned and the order dated 05 th May, 2026, dismissing the
writ petition for non-removal of office objections stands set aside
and WP(st)/7812/2026 stands restored to file subject to the
SAINATH, PA 1/2
2 IA-7227-26.DOC
applicant removing the office objections within a period of two
weeks.
4. In the event, the office objections are removed within the
said period, list the writ petition as a fresh matter for admission.
5. In case, the office objections are not removed within the
said period of two weeks, this order shall stand recalled and the
WP(st)/7812/2026 shall stand dismissed without further
reference to the Court.
6. The Interim Application stands disposed.
[N. J. JAMADAR, J.]
SAINATH, PA 2/2
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