Bombay High Court

NANA BHAGWAN BANGAR AND OTHERSversusMACHINDRA APPARAO ANDHARE

Disposal: DISPOSED OFF

Holding

The civil application seeking recall of the dismissal order is dismissed for want of prosecution.

Summary

The writ petition was dismissed on 18.08.2026 for want of prosecution, with the court noting the petitioner had lost interest and made an incorrect statement about a stay. The petitioner subsequently filed a civil application seeking recall of that dismissal order. Neither the petitioner nor any representative appeared when the application was called out in two sessions. Consequently, the civil application was also dismissed for want of prosecution. The court imposed a cost of Rs.15,000 as a condition precedent for filing any further application to restore or recall any order.

Issues considered

What is the effect of non-appearance of the petitioner on the civil application seeking recall of a dismissal order?
Can a civil application be dismissed for want of prosecution despite being filed to recall an earlier order?
Is the imposition of a cost condition precedent for future applications permissible?

Subjects

civil procedure
writ petition
want of prosecution
recall of order
costs
restoration of order

Judgment

2026:BHC-AUG:46430



                                                       1
                                                                     926 CA 11420 OF 2026

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                 926 CIVIL APPLICATION NO. 11420 OF 2026
                                             IN WP/12616/2024

                               NANA BHAGWAN BANGAR AND OTHERS
                                             VERSUS
                                 MACHINDRA APPARAO ANDHARE
                                                 ...
                     Mr. V. M. Humbe, Advocate for Respondent
                                                 …

                                             CORAM : AJIT B. KADETHANKAR, J.
                                             DATED : 1st October 2026

                     P.C. :-

                     .         The writ petition came to be dismissed for want of

                     prosecution vide order dated 18.08.2026. This Court observed

                     that the circumstances spelt out that the petitioner had lost his

                     interest to prosecute the writ petition. Even some observations

                     were made about making wrong statement about the stay

                     granted by this Court.

                     2.        The present Civil Application is filed seeking recall of

                     the order dated 18.08.2026.

                     3.        When called out, none appeared for the petitioner. In

                     the second session also when called out, nobody appeared to

                     represent the applicant or to argue the present Civil
                               2
                                             926 CA 11420 OF 2026

Application.

4.    In view of this, Civil Application also stands dismissed

for want of prosecution.

5.    Costs of of Rs.15,000/- shall be a condition precedent

for filing any further application seeking restoration or recall

of any order.



                                   ( AJIT B. KADETHANKAR, J. )
PRW

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