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Bombay High Court

KACHRU SHAMRAO SURASEversusDNYANESHWAR GANPAT UBALE

Disposal
DISPOSED OFF

Holding

The civil application for recalling the order is dismissed as no acceptable ground was shown.

Summary

The applicant, Kachru Shamrao Surase, sought to have his name removed from a writ petition on 17 December 2024. He later filed a civil application requesting that the order deleting his name be recalled. The High Court examined the averments in the application and found that no plausible or acceptable ground was presented to justify recalling the order. Consequently, the Court held that the application could not be entertained. The civil application was therefore dismissed, leaving the original order unchanged.

Issues considered

  • Whether the order dated 17 December 2024 deleting the applicant's name from the writ petition can be recalled
  • Whether the applicant has raised sufficient grounds to merit setting aside the order

Subjects

  • civil procedure
  • recall of order
  • writ petition
  • application rejection
  • high court

Judgment

2026:BHC-AUG:6923-DB
                                             (1)                      901-ca-13853-2025.odt



                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD
                          CIVIL APPLICATION NO.13853 OF 2025
                                   IN WP/13088/2021
                                KACHRU SHAMRAO SURASE
                                           VERSUS
                              DNYANESHWAR GANPAT UBALE
                                                …
               Ms. Poonam V. Bodke Patil, Advocate for Applicant.
               Mr. S. A. Gaikwad, AGP for Respondent Nos.1 to 3.
               Mr. S. G. Bhalerao, Advocate for Respondent Nos.4 and 5.
                                                …
                                             WITH
                             WRIT PETITION NO.13088 OF 2021

                          DNYANESHWAR GANPAT UBALE AND OTHERS
                                          VERSUS
                           THE STATE OF MAHARASHTRA AND OTHERS

                                        CORAM : S. G. CHAPALGAONKAR AND
                                                SACHIN S. DESHMUKH, JJ.
                                        DATED : 17th FEBRUARY, 2026.
               P.C.:-

               1.       On 17.12.2024, on the request of applicant (petitioner no.39
               in Writ Petition) order was passed deleting his name from writ
               petition.

               2.       The present civil application is filed for recalling of order
               dated 17.12.2024.

               3.       We have gone through averments made in application. No
               plausible or acceptable ground is made out to entertain present
               application.

               4.       In that view of matter, Civil Application stands rejected.



               (SACHIN S. DESHMUKH)                      (S. G. CHAPALGAONKAR)
                     JUDGE                                        JUDGE

               Devendra/February-2026


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