Bombay High Court

SUREKHA SAHEBRAO PATANGEversusTHE STATE OF MAHARASHTRA THROUGH THE SECRETARY AND OTHERS

Disposal: DISPOSED OFF

Holding

The court recalled the order of 06.05.2026, condoned the 38‑day delay, and allowed restoration of the civil application.

Summary

The petitioner, Surekha Sahebrao Patange, filed a civil application seeking recall of a High Court order dated 06.05.2026, arguing that the order was passed in a group of writ petitions and she could not take note of it. The court noted that the petitioner had failed to take steps against an unserved respondent, but respondent No.4 had already appeared, removing the necessity of further steps. Considering the averments in the civil application, the court recalled its earlier order, condoned a 38‑day delay in filing the restoration application, and allowed the restoration of the civil application as per prayer clauses B and C. The petitioner was directed to correct prayer clause C by specifying the date of the court's order. The writ petition was scheduled to be listed with other related writ petitions on 17.09.2026.

Issues considered

Whether the High Court can recall its own order dated 06.05.2026.
Whether a delay of 38 days in filing an application for restoration of a civil suit can be condoned.

Subjects

civil procedure
restoration of suit
condonation of delay
writ petition
recall of order

Judgment

                           1                  1083-CA.10030-26.odt


      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 BENCH AT AURANGABAD

         1083 CIVIL APPLICATION NO. 10030 OF 2026
                     IN WP/13921/2025
            SUREKHA SAHEBRAO PATANGE
                     VERSUS
THE STATE OF MAHARASHTRA THROUGH THE SECRETARY
                  AND OTHERS
                               ...
     Advocate for Applicant : Mr. Amol G. Vasmatkar h/f Mr.
                   Deshpande Amit Shrikant.
          AGP for Respondent/s-State : Mr. K. S. Patil.
                               ...

                      CORAM : MANJUSHA A. DESHPANDE, J.
                      DATE : 02.09.2026

PER COURT :-


1.     The applicant/petitioner is seeking recall of the order

passed by this Court on 06.05.2026.    Since the applicant had

failed to take steps against the unserved respondent, this order

was passed in group of writ petitions. Thus, the petitioner

could not take note of the same. In fact respondent No.4 has

already caused appearance and therefore, there is no necessity

of taking steps so as to unserve respondent is concerned.


2.     In view of the averments made in the civil application,

the order passed by this Court on 06.05.2026 is recalled by

condoning the delay of 38 days in filing application for
                             2                  1083-CA.10030-26.odt


restoration of the civil application is allowed in terms of prayer

clauses “B and C”.


3.      The petitioner shall carry out corrections in prayer clause

C of the civil application by mentioning the date of order

passed by this Court.


4.      Present Writ Petition to be listed along with Writ Petition

Nos.13911 of 2025, 13013 of 2025 on 17.09.2026.




                                 (MANJUSHA A. DESHPANDE, J.)

                                  ...

vmk/-

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