Smt. Narmadabai Damdu Rathod vs the State of Maharashtra through Collector, Yavatmal — Bombay HC (2025) — LawSathi Research

Smt. Narmadabai Damdu Rathod vs the State of Maharashtra through Collector, Yavatmal — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Both applications allowed: 512 days' delay in filing the restoration application condoned; order dated 26/7/2023 of the Registrar (Judicial) quashed and set aside; First Appeal (ST) No. 12603 of 2020 restored on file at original stage; Appellant directed to remove all office objections within two weeks.

Issue for consideration

Whether the delay of 512 days in filing the restoration application ought to be condoned. +1 more

Court's answer

Civil Application (CAO) No. 1567 of 2024 is allowed and the delay of 512 days caused in preferring the restoration application is condoned, on the grounds stated in the Application (agriculturist Appellant facing financial crisis and communication gap between Counsel and Appellant).

Ratio / Principle

Misc. Civil Application (ST) No. 23255 of 2024 is allowed for the reasons stated in the Application.

Key takeaways

The order dated 26/7/2023 passed by the Registrar (Judicial) of this Court is quashed and set aside, and First Appeal (St) No. 12603/2020 is restored on the file of this Court at its original stage.ratio¶18
The Appellant is directed to remove all office objections within a period of two weeks from the date of the order, with the matter to be listed one week thereafter for further consideration.ratio¶19

Detailed headnote1 paragraphs

Bombay High Court, Nagpur Bench (Pravin S. Patil, J.; order dated September 04, 2025): Allowed Civil Application (CAO) No. 1567 of 2024 condoning 512 days' delay in filing a restoration application, the Appellant (an agriculturist) pleading financial crisis and a communication gap between counsel and Appellant; allowed Misc. Civil Application (ST) No. 23255 of 2024; quashed and set aside the Registrar (Judicial)'s order dated 26/7/2023, following which registration of First Appeal (ST) No. 12603 of 2020 had been refused for non-deposit of court-fees within the prescribed time; restored the Appeal on file at its original stage; directed the Appellant to remove all office objections within two weeks and listed the matter one week thereafter.

1/2 20.cao.1567.2024 in mcast.23255.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR

CIVIL APPLICATION (CAO) NO. 1567 OF 2024 IN MISC. CIVIL APPLICATION (ST) NO. 23255 OF 2024 IN

FIRST APPEAL (ST) NO. 12603 OF 2020

(Smt. Narmadabai Damdu Rathod V/s The State of Maharashtra & Ors.)

Office Notes, Office Memoranda of Coram, Appearances, court’s orders or directions and Registrar’s orders

Court’s or Judge’s orders

Mr. S. U. Nemade, Advocate for Appellant. Mr. S. C. Joshi, AGP for Respondent Nos.1 & 2.

CORAM : PRAVIN S. PATIL, J. DATE : SEPTEMBER 04, 2025.

CIVIL APPLICATION (CAO) NO. 1567 OF 2024

. By this Application, the Appellant is seeking condonation of 512 days delay in filing restoration application.

It is stated that the Appellant being an agriculturist is facing financial crisis and not in a position to contact the Counsel from his village regularly. As such due to communication gap between the Counsel and Appellant, delay of 512 days caused in preferring application for restoration of Appeal.

Hence, for the reasons stated in the Application, Civil Application is allowed and delay of 512 days caused in preferring restoration application is hereby condoned.

2/2 20.cao.1567.2024 in mcast.23255.2024.odt

MISC. CIVIL APPLICATION (ST) NO. 23255 OF 2024

. It is stated by the Appellant that due to nondepositing of court-fees within prescribed time, the office has refused the registration of Appeal. It is also stated that the Appellant is a poor farmer and not having sufficient source of income, and therefore, he could not deposit the court-fees within prescribed time-limit.

Hence, for the reasons stated in the Application, Misc. Civil Application is allowed.

The order dated 26/7/2023 passed by the Registrar (Judicial) of this Court is hereby quashed and set aside and First Appeal (St) No. 12603/2020 is restored on its file at original stage.

The Appellant is directed to remove all office objections within a period of two weeks from today.

List the matter one week thereafter for further consideration.

[PRAVIN S. PATIL, J.]

vijaya

Signed by: Mrs. V.G. Yadav Designation: PS To Honourable Judge Date: 08/09/2025 12:23:06