Bombay High Court
AKRAM AJIJUL KARIM KHANversusMOHAMMAD ASLAM MOHAMMAD ANVARUL KARIM KHAN AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The court set aside the order directing dismissal and restored the writ petition to its original position.
Summary
The petitioner filed a civil application seeking recall of an order dated 27.04.2026 which had directed him to serve the unserved respondents within six weeks, failing which the writ petition would be dismissed. The petitioner’s advocate noted that notices to respondents 1 and 3 were returned unserved because the addresses were incorrect. The advocate then undertook to serve the respondents within two weeks. The court, considering this undertaking, set aside the earlier order and restored the writ petition to its original position. The civil application was thereafter disposed of.
Issues considered
- Whether an order directing dismissal of a writ petition for failure to serve respondents can be set aside on the ground of unserved notices and a subsequent undertaking by the advocate to serve within a shorter period
Subjects
- service of notice
- writ petition
- recall of order
- civil application
- procedural law
Judgment
2026:BHC-AUG:42275
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO. 10350 OF 2026
IN WP/652/2026
AKRAM AJIJUL KARIM KHAN
VERSUS
MOHAMMAD ASLAM MOHAMMAD ANVARUL KARIM KHAN
AND OTHERS
...
Advocate for Applicant : Mr. Tungar Hrishikesh V.
…
CORAM : MANJUSHA DESHPANDE, J.
DATE : 11th SEPTEMBER, 2026
PER COURT :
1. The Civil Application has been filed for the recall of the
order passed by this Court on 27.04.2026. By way of a common order on
that date, this Court was pleased to direct the Petitioner to take steps
against the unserved Respondents within a period of six weeks, failing
which, the Writ Petition would stand dismissed without further reference
to the Court.
2. It is submitted that the order passed by this Court has been
unnoticed by the learned Advocate for the Applicant. The office remark
dated 16.02.2026, shows that notice issued to Respondent nos. 1 and 3
has been returned unserved as they are not residing on the given address.
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3. Learned Advocate for the Applicant undertakes to take steps
against the unserved Respondent nos. 1 and 3, within a period of two
weeks.
4. In view of the statement made by the learned Advocate for
the Applicant, the order dated 27.04.2026 passed by this Court is set
aside and the Writ Petition no. 652/2026, is restored to its original
position.
5. Civil Application stands disposed of.
( MANJUSHA DESHPANDE, J. )
SPC
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