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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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