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Bombay High Court

TUKARAM LAKSHMAN DAKALE AND ANOTHERversusNARAYAN RANGNATH DAKALE AND OTHERS

Disposal
DISPOSED OFF

Holding

The court allowed the civil application and set aside the earlier dismissal order.

Summary

The petitioners filed a civil application seeking recall of an order dated 7 April 2026 that dismissed their writ petition for want of prosecution. The application was filed three days after the dismissal order, and the petitioners claimed they were unaware of the order. The court considered whether the delay in filing the recall application justified dismissal of the application. It held that the application could be entertained and allowed it in accordance with the specified prayer clauses. Consequently, the earlier dismissal order was set aside and the civil application was disposed of.

Issues considered

  • Whether a civil application seeking recall of a dismissal order for want of prosecution can be entertained despite a three‑day delay in filing
  • Whether the court may set aside its earlier order dismissing the petition

Subjects

  • civil procedure
  • recall of order
  • want of prosecution
  • dismissal of petition
  • application delay

Judgment

2026:BHC-AUG:40176
                                                 1                       991-CA-7013-2026.odt




                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                              991 CIVIL APPLICATION NO. 7013 OF 2026
                                          IN WP/2545/2026
                            Tukaram Lakshman Dakale And Another
                                           VERSUS
                             Narayan Rangnath Dakale And Others
                                              ...
             Ms.Aishwarya N. Tanpure h/f Mr.Ravindra V. Gore for the Applicants.
                                              ...
                                             WITH
                              WRIT PETITION NO. 2545 OF 2026
                                Tukaram Lakshman Dakale And Another
                                             VERSUS
                                 Narayan Rangnath Dakale And Others

                                    CORAM            : MANJUSHA DESHPANDE, J.
                                    DATE             : 01.09.2026
             PER COURT :

             1.             This Civil Application is filed seeking recall of the order

             passed by this Court on 7th April 2026. There is a delay of three days in

             filing the present Civil Application. It is stated that the Petition was

             dismissed for want of prosecution and was thereafter listed for taking

             steps in respect of the unserved Respondents. The said order came to be

             passed by this Court directing the Petitioners to take necessary steps,

             failing which the matter would stand dismissed.

             2.             The Petitioners were not aware of the said order. Upon

             gaining knowledge thereof, the Petitioners filed the present application

             for the reasons stated therein. In view thereof, the Civil Application is

             allowed in terms of Prayer Clauses [B] and [C].

             Sunny Thote
                                    2                          991-CA-7013-2026.odt


3.            Accordingly, the Civil Application is disposed off.




                                            [ MANJUSHA DESHPANDE, J. ]




Sunny Thote


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