Bombay High Court
VITTHAL TUKARAM MAKHRE AND OTHERSversusINDUBAI KISAN BHATE AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The Court recalled the conditional order and restored the writ petition, disposing the civil application.
Summary
The Applicants (Vitthal Tukaram Makhre and others) sought recall of a conditional order dated 1 July 2026, which had been issued because the Petitioners failed to complete service on unserved Respondents. The Applicants argued that the failure was bona fide, inadvertent, and due to lack of knowledge of the order. The Court accepted this explanation, recalled the July 1 order, and restored the writ petition to the file. Consequently, the pending civil application was disposed of. No substantive merits of the underlying dispute were addressed beyond the procedural relief.
Issues considered
- Whether a conditional order can be recalled on the ground of inadvertent non‑compliance by the petitioners
- Whether failure to serve respondents, if bona fide and due to lack of knowledge, warrants setting aside the order
Subjects
- service of process
- recall of order
- writ petition
- procedural lapse
- bona fide mistake
Judgment
2026:BHC-AUG:42707
1 967-CA-10229-2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
967 CIVIL APPLICATION NO. 10229 OF 2026
IN WP/10745/2025
Vitthal Tukaram Makhre And Others
VERSUS
Indubai Kisan Bhate And Others
...
Mr.Sonavane Narendra D. for the Applicants.
...
CORAM : MANJUSHA DESHPANDE, J.
DATE : 16.09.2026
PER COURT :
1. The learned Advocate for the Applicants seeks recall of the
order passed by this Court on 1 st July, 2026. By the said order, a
conditional order was passed, as the Petitioners had failed to take
necessary steps for completion of service upon the unserved Respondents.
2. The Applicants have filed the present Application
immediately thereafter. It is submitted by the learned Advocate for the
Applicants that the order dated 1st July, 2026 was not noticed by the
Petitioners and, therefore, they could not take the necessary steps. It is
submitted that the failure of the Petitioners to take steps was bona fide
and inadvertent and was due to lack of knowledge of the said order.
3. In view of the explanation given by the learned Advocate for
the Applicants, the order dated 1 st July, 2026 is recalled and the Writ
Petition is restored to the file.
Sunny Thote
2 967-CA-10229-2026.odt
4. In view thereof, the Civil Application stands disposed of
accordingly.
[ MANJUSHA DESHPANDE, J. ]
Sunny Thote
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