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2026 DAILYLAW 19719 (BOM)

K SUBRAMANIAM AND ANR v. THE LD DIVISIONAL JOINT REGISTRAR AND ORS

IA/8105/2026 · 2026-10-13

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Judgment text

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Sonali Mane 908-IA-8105-2026.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 8105 OF 2026 IN WRIT PETITION NO. 5605 OF 2024 K Subramaniam And Anr. … Applicants Versus The Ld Divisional Joint Registrar And Ors. … Respondents Mr. S. G. Rajput a/w Mr. Abhinandan Waghmare i/b Mr. Nikhil Vichare for Applicants/Petitioners Mr. Vishal Thaker a/w Mr. MulanshuVora, Mr. Adish Shah for Respondent No. 3. Ms. P. J. Gavhane, AGP for Respondent-State. Ms. Punita Arora Respondent No.3 in person present in Court. CORAM : SANDEEP V. MARNE, J. DATE : 13 OCTOBER 2026. P.C. : 1) The Interim Application is filed for restoration of the Petition, which is dismissed for failure to supply spare copies of the Petition for issuance of notices. There is delay of 623 days in filing the Application. The Petition is opposed by the learned counsel appearing for Respondent No.3. ___Page No. 1 of 2 ___ 13 October, 2026 MANE SONALI DILIP Digitally signed by MANE SONALI DILIP Date: 2026.10.14 11:01:42 +0530 Sonali Mane 908-IA-8105-2026.docx 2) It is the contention of the Petitioners that they were not aware about dismissal of the Petition and that therefore, the delay in applying for restoration has occurred. This is disputed by the learned counsel appearing for Respondent No.3. Also, the delay in the present case is inordinate and runs into almost two long years. At the same time, Petitioners have challenged their disqualification by questioning the orders passed by the Assistant Registrar and the Divisional Joint Registrar. Disqualification results in drastic consequences for democratically elected committee members. In my view, therefore an opportunity needs to be granted to the Petitioners to prosecute the Petition on merits. At the same time, for being extremely negligent in prosecution of the Petition, some costs are required to be imposed on the Petitioners. Accordingly, I proceed to pass the following order: ORDER i) The Delay in filing the Application is condoned. ii) The Writ Petition is restored. iii) Petitioners shall pay costs of Rs.10,000/- to Respondent No.3 by 17 October 2026. 3) Interim Application is accordingly allowed and disposed of . 4) List the Petition under caption ‘for circulation’ on 19 October 2026. [SANDEEP V. MARNE, J.] ___Page No. 2 of 2 ___ 13 October, 2026