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Bombay High Court

BABU KESHAV MASAL AND OTHERSversusTHE UNION OF INDIA THR ITS SECRETARY AND OTHERS

Disposal
DISPOSED OFF

Holding

The court held that petitions dismissed for default may be restored, subject to a fresh board date and a warning against further default.

Summary

The petitioners filed two civil applications seeking restoration of their original 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 High Court examined whether a petition dismissed for default could be reinstated. Relying on procedural principles, the Court allowed the applications, restoring the petitions to their original position and fixing a new board date of 14 October 2026. The Court warned that any further failure to appear would result in dismissal for default that would not be subject to further restoration.

Issues considered

  • Whether petitions dismissed for default may be restored to their original position

Subjects

  • restoration of petition
  • default dismissal
  • civil procedure
  • High Court
  • Bombay High Court

Judgment

2026:BHC-AUG:42725-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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