Bandu S/O Digambar Kadam and Others Vs the State of Maharashtra, Thr. Its Collector, Yavatmal and Others — Bombay HC (2025) — LawSathi Research

Bandu S/O Digambar Kadam and Others Vs the State of Maharashtra, Thr. Its Collector, Yavatmal and Others — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Condonation of nine days' delay allowed without notice to the respondents; Civil Revision Application No.53 of 2025 restored subject to supply of copies by 24.12.2025, fresh notice returnable on 21.01.2026, service by speed post in addition to regular mode and affidavit of service; Mr. Bissa, learned A.G.P., waived notice for respondent Nos.1 and 2/State.

Issue for consideration

Whether the delay of nine days in filing the application for restoration of Civil Revision Application No.53 of 2025 should be condoned. +1 more

Court's answer

The application for condonation of delay of nine days is allowed without issuing notice to the respondents, since notice had not been served in the CRA, the delay is only nine days, and the applicants cannot be personally held responsible for the dismissal.

Ratio / Principle

Civil Revision Application No.53 of 2025 is restored, subject to copies for issuance of notices being provided to the office positively on or before 24.12.2025; on copies being supplied, fresh notice is to issue to the respondents, returnable on 21.01.2026.

Key takeaways

Applicants are directed to serve the respondents by speed post in addition to regular mode of service and to file an affidavit of service before the next date.ratio¶15

Detailed headnote1 paragraphs

Bombay High Court (Nagpur Bench), Rohit W. Joshi, J. - Civil Revision Application No.53 of 2025 (bandu S/o Digambar Kadam and others v. State of Maharashtra and others), order dated 12/12/2025: The CRA, which stood dismissed in terms of Clause-4 of the Court's order dated 30.09.2025 after the applicants twice failed to supply copies for issuance of notices, was restored. The application for condonation of nine days' delay in filing the restoration application (orders passed under Misc. Civil Application No.26319 of 2025) was allowed without issuing notice to the respondents, the Court observing that the applicants could not be personally held responsible for the dismissal and that the delay was only nine days. Restoration was made conditional on copies being provided to the office positively on or before 24.12.2025; on copies being supplied, fresh notice to the respondents was ordered, returnable on 21.01.2026; the applicants were directed to serve the respondents by speed post in addition to regular mode and file an affidavit of service; Mr. S.B. Bissa, learned A.G.P., waived notice for respondent Nos.1 and 2/State.

4.1353.2025.odt

1

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

CIVIL REVISION APPLICATION NO.53 OF 2025

bandu S/o Digambar Kadam and others .Vs. State of Maharashtra and others

Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order

Mr. A.M. Raut, Advocate for applicants. Mr. S.B. Bissa, A.G.P. for respondent/State.

CORAM : ROHIT W. JOSHI, J. DATE : 12/12/2025

Notice in the Civil Revision Application No.53 of 2025 was issued vide order dated 08.07.2025. However, the applicants did not supply copies to the office for issuance of notices. The Civil Revision Application was listed before this Court on 30.09.2025. Time for supplying copies for issuance of notices was extended upto 10.10.2025 and fresh notice was ordered to be issued to the respondents. However, again the applicants did not supply copies for issuance of notices to the respondents, as a consequence of which, Civil Revision Application came to be dismissed in terms of Clause-4 of the order dated 30.09.2025.

The revisionist/petitioner filed an application for restoration of the Civil Revision Application along with application for condonation of delay of nine days. It is apparent that, the applicants cannot be personally held responsible for dismissal of the revision application.

2 4.1353.2025.odt

In the circumstances, the application for condonation of delay is allowed. Since notice was not served on the respondents in the Civil Revision Application, the application for condonation of delay is allowed without issuing notice to the respondents, particularly in view of the fact that the delay is only nine days.

MISC. CIVIL APPLICATION NO.26319 OF 2025

Civil Revision Application No.53 of 2025 is restored subject to condition that copies for issuance of notices to the respondents will be provided to the office positively on or before 24.12.2025 . On copies being supplied, issue fresh notice to the respondents, returnable on 21.01.2026 .

Applicants are directed to serve the respondents by speed post in addition to regular mode of service and file an affidavit of service before the next date.

Mr. Bissa, learned A.G.P. waives service of notice for the respondent Nos.1 and 2/State.

(ROHIT W. JOSHI, J.)

C.L. Dhakate