Bombay High Court
AVANTA DHONDIRAM VAKTE THROUGH HER GENERAL POWER OF ATTORNEY HOLDER DHONDIRAM DAMU VAKTEversusBHAGUBAI NAMDEO VAKTE DIED THR LRS SURESH BABANRAO PAWAR AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The writ petition dismissed in default was restored upon the petitioner’s undertaking to amend the title clause to include the required respondents.
Summary
Avanta Dhondiram Vakte, through her attorney, filed Writ Petition No. 9227 of 2024. The Court directed her to bring on record the legal representatives of the deceased Bhagubai, but she failed to do so, resulting in the petition’s dismissal in default. She then filed a civil application seeking restoration of the writ petition, undertaking to amend the title clause to include the newly identified respondents (1A to 1C). The Court, after considering the reasons for the delay, allowed the application, restored the writ petition to its original position, and ordered the petitioner to amend the title clause within two weeks and for the Registry to issue notice to the added respondents. The civil application was thereafter disposed of.
Issues considered
- What is the appropriate remedy when a writ petition is dismissed for default due to failure to bring on record the legal representatives of a deceased party?
- Can a writ petition dismissed in default be restored by a civil application, and what conditions must be satisfied?
Subjects
- restoration of writ petition
- default dismissal
- amendment of title clause
- legal representatives of deceased
- civil application
- High Court of Bombay
Judgment
2026:BHC-AUG:42163
1
920-ca-1880-2026
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO. 1880 OF 2026
IN WP/9227/2024
Avanta Dhondiram Vakte Through Her General Power Of
Attorney Holder Dhondiram Damu Vakte
VERSUS
Bhagubai Namdeo Vakte Died Thr Lrs Suresh Babanrao Pawar
And Others
...
Mr. K. P. Rodge, Advocate for Applicant
Mr. A. V. Lavte, AGP for Respondent-State
Mr. N. D. Sonavane, Advocate for Respondent nos.2 to 4
…..
CORAM : AJIT B. KADETHANKAR, J.
DATED : 10TH SEPTEMBER, 2026
P.C. :-
. Despite having been directed by this Court to bring on
record the legal representatives of deceased Bhagubai,
petitioner has failed to do so. This resulted into dismissal of
the Writ Petition in default.
2. This Civil Application is filed for restoration of the Writ
Petition with an undertaking to amend the title clause by
incorporating the names of respondent nos.1(A) to 1(C) in the
title clause of the Writ Petition.
3. Mr. N. D. Sonavane learned Advocate for the
respondent would pray to pass appropriate order.
2
920-ca-1880-2026
4. Having gone through the contents of the application, I
find that the reasons are rendered for failing to take steps
within time. For the reasons stated in the application, same
stands allowed. Writ Petition No.9227 of 2024 is restored to
its original position.
5. Within two weeks from today, the petitioner shall
amend title clause of the Writ Petition by incorporating the
names of respondent nos.1A to 1C in the capacity of deceased
Bhagubai.
6. Upon carrying out such amendment in the title clause,
Registry to issue notice to newly added respondents,
returnable on 14.10.2026.
7. Civil Application stands disposed of.
( AJIT B. KADETHANKAR, J. )
Rushikesh/2026
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