Shivprasad Manmath Swami v. Anita Siddeshwar Sawale
Condonation of delay – Restoration application
Case brief
What is this about?
Shivprasad Manmath Swami v. Anita Siddeshwar Sawale, WRIT PETITION NO. 13810 OF 2023, High Court of Judicature at Bombay, Bench at Aurangabad (neutral citation 2025:BHC-AUG:35011), decided 12.12.2025 by SIDDHESHWAR S. THOMBRE, J. Petitioner challenged rejection of his application for condonation of 59 days' delay in filing a restoration petition (Civil Misc. Application No.2/2017, Civil Judge SD, Ahmedpur, Dist. Latur, order dated 05.07.2023). Court held the delay sufficiently explained, quashed the Trial Court order, condoned the delay subject to Rs.5,000/- costs payable to the Advocates Bar Association Library, Ahemadpur, within two weeks. Keywords: condonation of delay, restoration petition/application, quashed and set aside, conditional costs.
What did the court decide?
Writ Petition allowed; order dated 05.07.2023 of the Civil Judge, Senior Division, Ahmedpur, Dist. Latur, in Civil Misc. Application No.2/2017 quashed and set aside; delay of 59 days in filing the restoration application condoned, subject to deposit of costs of Rs.5,000/- with the Advocates Bar Association Library, Ahemadpur, Dist. Latur, within two weeks.