Hamidkhan S/O Deulatkhan v. Abdul Matin S/O. Shaikh Nasim and Others

Bombay HC11 Mar 2025CAO/709/2024

Case brief

AI extract

What is this about?

Condonation of 32 days delay; restoration application; dismissal in default; restoration of First Appeal No. 322 of 2009; averments not controverted by affidavit; daughter of Applicant suffering from Dengue; Bombay High Court Nagpur Bench; Pravin S. Patil, J.; CAO No. 709 of 2024; Misc. Civil Application (ST) No. 5033 of 2024; paper book supply direction; 2009 vintage appeal listed for final disposal.

What did the court decide?

Delay of 32 days in filing the restoration application condoned; Misc. Civil Application (ST) No. 5033 of 2024 allowed; office directed to restore First Appeal No. 322 of 2009 at original stage and list it for final disposal on 9th October, 2025, with the Appellant to positively supply the paper book copy to the other side on or before the next date. ¶¶20

Hamidkhan S/O Deulatkhan vs Abdul Matin S/O. Shaikh Nasim and Others — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶¶20

Issue for consideration

Whether the 32 days delay in filing the restoration application should be condoned. +1 more

¶¶11

Court's answer

The averments made in the condonation Application are not controverted, no affidavit having been filed in the matter.

¶¶13

Ratio / Principle

For the reasons stated in the Application, the Civil Application (CAO No. 709 of 2024) seeking condonation of the 32 days delay is allowed.

¶¶15

Key takeaways

Considering the reasons stated in the Application, including that the Applicant's daughter was suffering from Dengue, the Misc. Civil Application (ST) No. 5033 of 2024 is allowed.ratio¶¶19
The office is directed to restore First Appeal No. 322 of 2009 on its file at original stage.ratio¶¶20

Detailed headnote1 paragraphs

Bombay High Court, Nagpur Bench (Pravin S. Patil, J.), order dated October 03, 2025: Civil Application (CAO) No. 709 of 2024 seeking condonation of 32 days' delay in filing a restoration application allowed — the averments in the Application stood uncontroverted as no affidavit was filed against them — notwithstanding opposition by Respondent No.4. Consequently, Misc. Civil Application (ST) No. 5033 of 2024 for restoration of First Appeal No. 322 of 2009, which had been dismissed in default vide order dated 3/1/2024, was allowed on the plea that at the relevant time the Applicant's daughter was suffering from Dengue and he was attending her. The office was directed to restore the First Appeal on its file at original stage; the 2009-vintage appeal was listed for final disposal on 9th October, 2025, with a direction that the Appellant positively supply the paper book copy to the other side on or before the next date.

¶1

1/2 22.cao.709.2024 in fa.322.2009.odt

¶2

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

¶3

CIVIL APPLICATION (CAO) NO. 709 OF 2024 IN MISC. CIVIL APPLICATION (ST) NO. 5033 OF 2024 IN

¶4

FIRST APPEAL NO. 322 OF 2009

¶5

(Hamidkhan Daulatkhan V/s Abdul Matin Shaikh Nasim & Ors.)

¶6

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

¶7

Court’s or Judge’s orders

¶8

Mr. B. D. Vora, Advocate for Applicant. Ms. Sneha Padwekar, Advocate for Respondent No.4.

¶9

CORAM : PRAVIN S. PATIL, J. DATE : OCTOBER 03, 2025.

¶10

CIVIL APPLICATION (CAO) NO. 709 OF 2024

¶11

. By this Application, the Applicant is seeking condonation of 32 days delay in filing restoration application.

¶12

The learned Counsel for Respondent No.4 vehemently opposed the Application and stated that the reasons stated in the Application are not sufficient to condone the delay. So, the present Application be rejected.

¶13

I have gone through the averments made in the Application. The same are not controverted by filing any affidavit in the matter.

¶14

2/2 22.cao.709.2024 in fa.322.2009.odt

¶15

For the reasons stated in the Application, Civil Application is allowed.

¶16

MISC. CIVIL APPLICATION (ST) NO. 5033 OF 2024

¶17

. This Application is filed for restoration of Appeal, which was dismissed in default vide order dated 3/1/2024 passed by this Court.

¶18

It is stated that at the relevant time daughter of the Applicant was suffering from Dengue, and therefore, he was busy in attending the daughter.

¶19

Considering the reasons stated in the Application, Misc. Civil Application is allowed.

¶20

The office is directed to restore the First Appeal No 322/2009 on its file at original stage.

¶21

List the Appeal for final disposal on 9^th October, 2024.

¶22

It is made clear that Appellant should positively supply the copy of paper book to the other side on or before the next date and on the next date attempt should be made to work out the matter finally, as the First Appeal is pertaining to the year 2009.

¶23

List the matter on 9^th October, 2025.

¶24

[PRAVIN S. PATIL, J.]

¶25

vijaya

¶26

Signed by: Mrs. V.G. Yadav Designation: PS To Honourable Judge Date: 07/10/2025 14:53:46

Hamidkhan S/O Deulatkhan v. Abdul Matin S/O. Shaikh Nasim and Others

Case brief

What is this about?

What did the court decide?

Hamidkhan S/O Deulatkhan v. Abdul Matin S/O. Shaikh Nasim and Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Dhammanand Janardhan Kewate vs the State of Maharashtra Thr. Pso Ps Umarkhed Ist.Yavatmal and Another

Mohammed Javed Abdul Wahab vs the State of Maharashtra Thr. Pos, Ps, Buldhana City Tq. and Dist. Buldhana

Vandana Dnyaneshwar Thavkar vs State of Mah. Thr. Pso Rajapet Amravati City Tq. and Dist.Amravati and Another

Sunil S/O Ajabrao Dongre and 2 Other vs the State of Maharashtra through Pso Ps Bhandara and Another

Vidarbha Irrigation Development Corporation through Its Executive Eingineer vs Sudhir Vishwansrao Shirpurkar and 2 Others

Vidarbha Irrigation Development Corporation, through Its Executive Engineer, Wardha vs Randhir Vishwasrao Shirpurkar, and Other