Bombay High Court
DIGAMBAR HARISHCHANDRA SHINDEversusKRANTI DIGAMBAR SHINDE AND OTHERS
- Disposal
- DISPOSED OFF
- Bench
- R M JOSHI
Holding
The writ petition is restored on the condition that the applicant serves the respondents within the stipulated time.
Summary
The applicant, Digambar Harishchandra Shinde, filed a criminal application seeking restoration of Writ Petition No. 740/2025, which had been dismissed because notice was not served on the respondents. The applicant's counsel, H. V. Patil, undertook to serve the respondents within two weeks and requested permission to effect service before the Execution Court. The court accepted the counsel's undertaking and considered whether the procedural lapse warranted dismissal. It held that the petition could be revived on the condition that service be completed promptly. Consequently, the writ petition was restored and a fresh notice was ordered to be issued, with a return date of 31 July 2026. The petitioner was also permitted to serve the respondents before the Execution Court.
Issues considered
- Whether a writ petition dismissed for non‑service of notice can be restored upon the applicant's undertaking to serve the respondents
- Whether leave may be granted to serve the respondents before the Execution Court
Subjects
- restoration of writ
- service of notice
- execution court
- high court procedure
- civil procedure
Judgment
2026:BHC-AUG:26416
924-APPLN-1172-2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 1172 OF 2026
IN WP/740/2025
Digambar Harishchandra Shinde
VERSUS
Kranti Digambar Shinde And Others
...
Mr. H. V. Patil, Advocate for Applicant
CORAM : R.M. JOSHI, J
DATE : JULY 07, 2026
P. C. :
1. This Application is for restoration of Writ Petition No.740/2025,
which came to be dismissed for non service of notice to Respondents.
2. Learned Counsel for Applicant/Original Petitioner undertakes to
serve Respondents within a period of two weeks. He seeks leave to serve
Respondents before Execution Court.
3. His statement is accepted.
4. In view of the same, Writ Petition stands restored.
5. Re-issue notice to Respondents in Writ Petition, returnable on
31.07.2026. Petitioner is permitted to serve Respondents before Execution
Court.
(R. M. JOSHI, J.)
Malani
Page 1 of 1
Checking your session…