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Bombay High Court

PRALHAD DNYANESHWAR DESHMUKHversusCONTROLLER OF UNAUTHORISED DEVELOPMENT (PUSHPAK NODE) CIDCO AND ORS

Decided
Disposal
Allowed

Holding

The Court condoned the delay in filing the interim application and recalled the order dated 18 June 2026, thereby restoring the writ petition.

Summary

The applicant, Balaji Govindrao Panchal, filed an interim application seeking condonation of delay in rectifying registry objections in Writ Petition No. 7543 of 2026. The applicant argued that unavoidable circumstances prevented timely compliance and pledged to remove all discrepancies within two weeks. Respondents (CIDCO and the State) raised no objection to the request. The Court, after hearing counsel, condoned the delay, recalled the order dated 18 June 2026, and restored the writ petition to its original file, subject to the applicant correcting the objections within the stipulated period. The Court also directed respondents to file affidavits-in-reply within three weeks and set a date of 30 October 2026 to list the petition again.

Issues considered

  • Whether the delay in filing the interim application for rectifying registry objections should be condoned
  • Whether the order dated 18 June 2026 should be recalled and the writ petition restored

Subjects

  • interim relief
  • condonation of delay
  • writ petition
  • procedural defects
  • High Court of Bombay

Judgment

                                                                           (10)-IA-7605-26.doc


        PANCHAL
                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CIVIL APPELLATE JURISDICTION

                                  INTERIM APPLICATION NO. 7605 OF 2026
                                                   IN
          Digitally
                                     WRIT PETITION NO. 7543 OF 2026
          signed by
          BALAJI
BALAJI    GOVINDRAO
GOVINDRAO PANCHAL
PANCHAL   Date:
          2026.09.30
          10:33:05
          +0530
                       Pralhad Dnyaneshwar Deshmukh                  ...Applicant/
                                                                        Org. Petitioner
                               Versus

                       The Controller of Unauthorised
                       Development (Pushpak Node) CIDCO & Ors.       ...Respondents
                                                     ...
                       Mr. Sanket Thakur, for the Applicant/Org. Petitioner.

                       Mr. Sameer Patil, for Respondent Nos.1 & 2-CIDCO.

                       Mrs. Neha S. Bhide, GP a/w Mr. K. B. Dighe, Addl. GP & Mrs.
                       M. P. Thakur, AGP for Respondent Nos.3 & 5 – State.
                                                   ...

                                   CORAM : MAHESH CHANDRA TRIPATHI, CJ. &
                                           ADVAIT M. SETHNA, J.

                                   DATE    : 29th SEPTEMBER, 2026

                       P.C.:
                       1.          Heard the learned Counsel for the Applicant. The
                       learned Counsel for the Applicant fairly submits that due to
                       some unavoidable circumstances, steps could not be taken
                       well within time to rectify the objections/discrepancies as
                       highlighted by the Registry. He submits that within two weeks,
                       all such discrepancies shall be removed. The learned Counsel
                       for the Applicant further submits that the delay in filing this
                       Application may kindly be condoned.


                                                      1
                                                        (10)-IA-7605-26.doc




2.        The learned Counsel for Respondent Nos.1 and 2
fairly has no objection to the above.



3.        For the reasons stated in the Interim Application,
delay in filing the Application is condoned. Accordingly,
Interim Application is allowed in terms of prayer clauses (a) &
(b). The order dated 18 th June, 2026 stands recalled qua the
instant Writ Petition and the Writ Petition is restored to its
original file, subject to removal of all office objections/defects,
if any, within a period of two weeks from date of uploading of
this order.


4.        Respondents     may    file   Affidavits-in-Reply     within
three weeks. Rejoinder affidavit, if any, may be filed within one
week thereafter.


5.        Subject to compliance of the above by the Applicant,
list the Petition again on 30th October, 2026.




[ADVAIT M. SETHNA, J.]                          [CHIEF JUSTICE]




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