PADMAKAR S/O MAHADEO KAWALE v. THE STATE OF MAHARASHTRA THR. SECRETARY, REVENUE AND FOREST DEPARTMENT, MUMBAI AND OTHERS
CAO/1030/2026 · 2026-10-06
body2026
DailyLaw.ai
[ 2026 DAILYLAW 16429 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 16429 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
919.cao.262.26 1/5 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Civil Application [CAO] No.1030 of 2026 in Civil Application [CAO] No.262 of 2026 in Civil Application [CAO] No.389 of 2022 in Civil Application [MCA] St. No.3212 of 2020 in Civil Revision Application [CRA] St. No.20723 of 2019 Padmakar s/o Mahadeo Kawale vs. The State of Maharashtra, through its Secretary, Revenue & Forest Department, Mumbai and others =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court’s or Judge’s Orders or directions and Registrar’s orders. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Mr. Piyush Tidke h/f Mr. S.S. Deshpande, Advocate for the Applicant. Mr. G.S. Umale, A.G.P. for Non-Applicant Nos.1 to 3.
CORAM : Y.G. KHOBRAGADE, J. DATE : 6 th OCTOBER, 2
026.
Today, the matter is listed for passing of orders on Civil Application No.1030 of 2026, seeking extension of time to remove office objections.
02. The learned Counsel for the applicant submits that the applicant had filed appropriate proceedings seeking restoration of the revision, which came to be dismissed for non-removal of office objections. On 20/09/2025, this Court passed an order setting aside the order of dismissal for non-removal of office objections passed by the learned Registrar (Judicial), dated 07/01/2020. Thereafter, the applicant filed Civil Application No.262 of 2026, seeking extension of four weeks' time for removal of office objections. On 02/09/2026, this Court passed an
order in Civil Application No.262 of 2026 and granted four weeks' time to 2026:BHC-NAG:13495
919.cao.262.26 2/5 the applicant for removal of office objections, subject to the condition that the applicant shall deposit an amount of Rs.2,000/- towards costs in the Public Welfare Account of the High Court maintained with Union Bank of India, within a period of one week from the said order. It is submitted that, due to some misunderstanding, the applicant could not deposit the said amount of costs within the stipulated period and, therefore, the office did not permit the applicant to remove the office objections. Hence, the present application has been filed seeking extension of two weeks' time to deposit the amount of Rs.2,000/- towards costs and to remove the office objections. 03. Having regard to the submissions canvassed on behalf of the applicant, I have gone through the record. It is a matter of record that on 24/09/2019, the applicant filed Civil Revision Application St. No.20723 of 2019 challenging the order dated 02/07/2019 passed in Special Darkhast No.8 of 2011. After filing of the revision, the matter was scrutinized by the Registry and various office objections were raised, including objection Nos.5, 8, 12 and 16 to 23. 04. The matter was thereafter listed before the learned Registrar (Judicial) on 06/01/2020 and 21/01/2020. However, the office objections were not removed. Ultimately, on 21/01/2020, the learned Registrar (Judicial) passed the following order:
“None present. Objections be removed within 14 days by making an application for condonation of delay, failing which the registration shall stand refused.”
05. Despite the aforesaid order, the office objections were not removed within the stipulated period and consequently the registration came to be refused. Thereafter, the applicant filed Civil Application [MCA] No.715 of 2025 in Civil Revision Application St. No.20723 of 2019 seeking restoration of the revision by setting aside the order passed by the learned Registrar (Judicial) and also seeking fifteen days' time for
919.cao.262.26 3/5 removal of office objections. The said application came to be allowed 0n 20/09/2025. It further appears from the record that earlier also the applicant had moved Civil Application [CAO] Nos.389 of 2022 in MCA St. No.3212 of 2020 in CRA St. No.20723 of 2019, wherein this Court passed an order on 20/09/2025, which reads as under :
“1.
By this application, applicant is seeking the condonation of delay of 14 days in filing restoration application which was rejected for non removal of office objection. 2. For the reasons stated in the application, the application is allowed. The delay of 14 days is hereby condoned. 3. Application stands disposed of. Misc. Civil Application St. No.3212/9020
1. By this application, applicant is seeking restoration of appeal which was rejected for non removal of office objection. 2. Applicant undertakes within a period of one week he will remove the office objection in the matter
3. Accepting his statement, application is allowed. 4. The order passed by the Registrar (Judicial) dated 4. 7.1.2020 is hereby quashed and set aside. Civil Revision Application St. No.20723/2019
1. Appellant to remove office objection within a period of one week. 2. List the matter for admission after removal of office objection immediately.”
06. Again, the applicant filed Civil Application No.262 of 2026 in the aforesaid proceedings, seeking extension of time for removal of office objections. On 02/09/2026, this Court passed an order in Civil Application 262 of 2026, which reads as under :
“By the present application, the applicant is seeking extension of time for removal of all office objections. 02. Admittedly, on 20/09/2025, this Court passed an
order in M.C.A. St. No.3212/2020 as well as in Civil Application
919.cao.262.26 4/5 [CAO] No.389/2022 and restored the proceedings by setting aside the order dated 07/01/2020 passed by the learned Registrar (Judicial). However, due to paucity of time, the typed copies of the faint pages, which are bulky, could not be substituted.
03. Considering the grievance of the applicant, four weeks’ time is again granted from today to replace all faint pages and remove all office objections, with a clear understanding that no further time shall be extended.
04. In case the applicant fails to remove all office objections within the stipulated period of four weeks, the Civil Revision Application shall stand dismissed without reference to the Court.
05. The application is allowed subject to payment of costs of Rs.2,000/- (Rupees Two Thousand Only) to be deposited in the Public Welfare Account maintained by this Court with the Union Bank of India within a period of one week from today.”
07. Despite the aforesaid orders, the applicant has failed to comply with the condition of payment of costs and has also failed to remove the office objections within the stipulated period, which indicates that the applicant is not vigilant while prosecuting the matter and has allowed the proceedings to remain pending without taking necessary steps to prosecute the revision against the order dated 02/07/2019 passed by the learned Civil Judge, Senior Division, Yavatmal, in Special Darkhast No.8 of 2011.
08. Though the applicant has assigned a reason that there was no intention on the part of the applicant for non-removal of the office objections and non-payment of the costs, the applicant has not brought any special circumstances on record to show what prevented him from complying with the order dated 02/09/2026 passed by this Court in Civil Application No.2660 of 2026.
919.cao.262.26 5/5
09. Therefore, I do not find any reason to grant one more opportunity to remove the office objections. In view of the above, the application stands dismissed. Civil Revision Application (Stamp) No.20723 of 2019 is hereby refused. JUDGE *sandesh Signed by: Mr. Sandesh Waghmare Designation: PS To Honourable Judge Date: 08/10/2026 19:05:01