Bombay High Court
SAHEBRAO BAJIRAO PATHADE AND OTHERSversusTHE UNION OF INDIA THR ITS SECRETARY AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The Court held that the petitions dismissed for default may be restored upon satisfactory application.
Summary
The petitioners filed two civil applications seeking restoration of their petitions, which had been dismissed for default because they failed to appear on the scheduled dates. The respondents, the Union of India, opposed the restoration. The Court examined the reasons provided in the applications and, finding them satisfactory, allowed the applications. The petitions were restored to their original positions and placed on board for hearing on 14 October 2026. The Court warned that any further failure to appear would result in dismissal for default without further opportunity for restoration.
Issues considered
- Whether petitions dismissed for default can be restored upon filing of applications seeking such restoration
Subjects
- restoration of petition
- default dismissal
- civil procedure
- High Court
- Bombay High Court
Judgment
2026:BHC-AUG:42724-DB
(1) ca10770.26
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
16 CIVIL APPLICATION NO. 10770 OF 2026
IN WP/4615/2020
SAHEBRAO BAJIRAO PATHADE AND OTHERS
VERSUS
THE UNION OF INDIA THR ITS SECRETARY AND OTHERS
17 CIVIL APPLICATION NO. 10771 OF 2026
IN WP/4613/2020
BABU KESHAV MASAL AND OTHERS
VERSUS
THE UNION OF INDIA THR ITS SECRETARY AND OTHERS
Mr. B.R. Borkar, Advocate for the applicants.
Mr. U.B. Bondar and Mr. Suresh Munde, Advocate for respondent - UOI in
respective petitions.
CORAM : KISHORE C. SANT &
JITENDRA JAIN, JJ.
DATE : 16.09.2026
PC :-
01. Heard learned Advocates for the parties. These applications are
filed seeking restoration of the petitions which came to be dismissed for default
by order dated 23.03.2026 and 15.04.2026 respectively, since none had
appeared for the petitioners on that day.
02. For the reasons stated in the applications, the applications are
allowed. The petitions are restored to their original position. Place the petitions
on Board dated 14.10.2026. If on next date the petitions are not argued, this
Court will be constrained to dismissed the petitions for default and it is made
clear that the same will not be restored on any count.
[JITENDRA JAIN, J.] [KISHORE C. SANT, J.]
snk/2026/Sep26/ca10770.26
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