Bombay High Court

SUMAN TRIMBAK DOLEversusBHAUSAHEB SAKARAM KHILARI AND OTHERS

Disposal: DISPOSED OFF

Holding

The 19‑day delay in filing the civil application is condoned and the order dismissing the writ petition is recalled.

Summary

The petitioner’s writ petition was dismissed because the court’s earlier order directing service of notice to respondents was not complied with. The petitioner filed a civil application seeking recall of that dismissal, but did so 19 days late. The court examined whether the delay in filing the civil application could be condoned and whether the earlier dismissal order could be recalled. It accepted the petitioner’s undertaking to provide correct addresses for the unserved respondents within four weeks and condoned the 19‑day delay, thereby restoring the writ petition to its original position and recalling the dismissal order. The court directed that, upon receipt of the correct addresses, notice be issued to the respondents, with a return date of 25‑08‑2026, and then disposed of the civil application.

Issues considered

Whether a delay of 19 days in filing a civil application seeking recall of a dismissal order can be condoned.
Whether the court can recall its earlier order dismissing the writ petition on account of non‑service of notice.

Subjects

civil procedure
writ petition
recall of order
condonation of delay
service of notice

Judgment

2026:BHC-AUG:35279

(1) 936 CA 8475 OF 2026

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

936 CIVIL APPLICATION NO. 8475 OF 2026
IN WP/1154/2024

SUMAN TRIMBAK DOLE
VERSUS
BHAUSAHEB SAKARAM KHILARI AND OTHERS
...
Mr. Tushar Kale h/f. Mr. S. R. Andhale, Advocate for Applicant
Mr. S. S. Kotkar, Advocate for Respondent No.1
…

CORAM : AJIT B. KADETHANKAR, J.
DATE : 11.08.2026

PER COURT :-

. Heard. The writ petition came to be dismissed for want of taking

appropriate steps as directed by this Court vide order dated 30.04.2026. The

present Civil Application is filed seeking recall of the said order. There is delay

of 19 days in filing the Civil Application. The petitioner undertakes to supply

the correct addresses of the unserved respondents within a period of four

weeks from today or to take appropriate steps to serve the unserved

respondents within the said period. The undertaking is accepted.

2. The delay of 19 days caused in filing the Civil Application stands

condoned. The Writ Petition stands restored to its original position to the

extent that the directions in order dated 30.04.2026 dismissing the petition
(2) 936 CA 8475 OF 2026

stand recalled.

3. If fresh/correct addresses are supplied by the petitioner in the

given time, office to issue notice to the unserved respondents, returnable on

25.08.2026.

4. Civil Application stands disposed of.

[AJIT B. KADETHANKAR, J.]
PRW

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