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2026 DAILYLAW 8270 (BOM)

ISHWAR VITHALRAO PINALWAR AND ANOTHER v. JYOTI DWARKADAS RATHI AND OTHERS

CA/7763/2026 · 2026-09-10

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Judgment text

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1 93-CA-7763-26.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 7763 OF 2026 IN RC/316/2014 ISHWAR VITHALRAO PINALWAR AND ANOTHER VERSUS JYOTI DWARKADAS RATHI AND OTHERS ... Advocate for Applicants : Mr. P. P. More ... CORAM : SACHIN S. DESHMUKH, J. DATE : 10-09-2026 PER COURT:- 1. The applicants seek the recalling of the order dated 17.02.2014 rendered by the Registrar (Judicial), refusing the registration of the writ petition on account of non-removal of the office objection. 2. The underlying writ petition challenges the judgment dated 10.07.2013 rendered by the Maharashtra Co-operative Appellate Court (Mumbai Bench at Aurangabad), which dismissed the petitioners' appeal and confirmed the Co-operative Court of Nanded's order dated 30.04.2012. 3. At the time of filing, certain office objections were raised. Those were inadvertently overlooked by the petitioners, resulted into the matter being listed before the Registrar (Judicial) and the subsequent refusal of the registration. 2 93-CA-7763-26.odt 4. The applicants were unaware of this refusal. In the interregnum, to add to the applicants plight, the erstwhile Advocate on record representing the applicants passed away in the year 2017. Furthermore, applicant No. 2 died in the year 2022. Consequently, the present application has been filed seeking two fold relief i.e. the condonation of delay and the setting aside of the order dated 17.02.2014. 5. In view of the above peculiar facts, the Civil Application, in the interest of justice, deserves to be allowed. Hence, the following order: ORDER (i) The Civil Application is allowed in terms of prayer clauses “B” and “C”. (ii) The delay caused in filing the present application is condoned. (iii) The order dated 17.02.2014 passed by the Registrar (Judicial) is hereby recalled. (iv) Writ Petition (Stamp) No. 22285 of 2013 is restored to its original position. [SACHIN S. DESHMUKH] JUDGE rrd