Sudhakar Namdeorao Dhawale And Others v. Smt. Durga Wd/O Jagannath Mankar Thr. (Dead Legal Heirs Ravindra Jagannath Mankar) And Others

2026:BHC-NAG:3702 1 9. CAO 186 of 2026.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAO) NO.186 OF 2026 IN MISC. CIVIL APPLICATION (STAMP) NO.2475 OF 2026 IN WRIT PETITION (STAMP) NO.5098 OF 2025 (D) SUDHAKAR NAMDEORAO DHAWALE AND OTHERS

VERSUS

SMT. DURGA WD/O JAGANNATH MANKAR THR. (DEAD LEGAL HEIRS RAVINDRA JAGANNATH MANKAR) AND OTHERS Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. S.S. Deshpande, Advocate for Applicants.

CORAM : PRAFULLA S. KHUBALKAR, J.

DATED : 05th MARCH 2026 1.

Heard learned Advocate for the applicants.

2.

This is an application for condonation of delay in filing the application for restoration of writ petition, of which registration was refused for failure to remove the office objections. 3.

Since the petition was not registered earlier, this application is taken up for consideration even without issuing notices to the respondents.

4.

Learned Advocate for the applicants submits that the delay of 97 days occurred for the reason that the applicants were not aware about the conditional order of refusal of registration passed by the Registrar (Judicial). He submits that the delay is unintentional. 5.

Having regard to the contents of the application and submissions advanced, the application is allowed and the delay of 97 days in filing the application for restoration of writ petition is

2 9. CAO 186 of 2026.odt condoned, however, subject to costs of Rs.3,500/- (Rupees Three Thousand Five Hundred Only), to be paid by the applicants to the High Court Bar Association Library, Nagpur, within a period of one week from today.

6.

The civil application is accordingly disposed of. MISC. CIVIL APPLICATION (STAMP) NO.

OF 2026 7.

This is an application for restoration of writ petition, which is dismissed in default by order dated 06.10.2025, passed by the Registrar (Judicial), for non removal of the office objections within stipulated period.

8.

Learned Advocate for the applicants submits that the applicants/petitioners desire to contest the petition on merits and therefore, he seeks restoration of writ petition. 9.

Considering the reasons mentioned in the application and submissions advanced, the application for restoration of writ petition is allowed. The order dated 06.10.2025, passed by the Registrar (Judicial), is quashed and set-aside. The applicants are directed to remove the office objections within a period of two weeks from today. On removal of the office objections, the writ petition be restored. 10.

In view of the above, the miscellaneous civil application is disposed of.

(PRAFULLA S. KHUBALKAR, J.) asd