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
Checking your session…