Bombay High Court

VISHNU NATHA TIKANDE DIED THR LRS SHARDA VISHNU TIKANDE AND OTHERSversusJANABAI LAHU NATKAR AND OTHERS

Disposal: DISPOSED OFF

Holding

The court allowed the civil applications, condoning the delay and setting aside the abatement order.

Summary

The petitioners filed a civil application seeking recall of an order dated 21.04.2026 that had dismissed their writ petition for failure to act within two weeks. They claimed the failure was inadvertent and not intentional. The court considered whether such inadvertence justified setting aside the dismissal. The application also sought to set aside an abatement order against certain respondents and to bring legal heirs on record despite delay. The court condoned the delay, allowed the civil applications, and set aside the abatement order as per the prayer clauses. Consequently, the civil applications were disposed in favor of the petitioners while the original writ dismissal stood.

Issues considered

Whether a civil application for recalling a dismissal order can be allowed despite inadvertent failure to comply with the court's directions.
Whether delay in filing a civil application to bring legal heirs on record can be condoned.

Subjects

civil procedure
recall of order
abatement
delay condonation
writ petition

Judgment

                            1                  83-CA.8983-26 & anr.odt


     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                BENCH AT AURANGABAD

         83 CIVIL APPLICATION NO. 8983 OF 2026
                    IN WP/7160/2025
        WITH CIVIL APPLICATION NO. 8984 OF 2026
                    IN WP/7160/2025

 VISHNU NATHA TIKANDE DIED THR LRS SHARDA VISHNU
               TIKANDE AND OTHERS
                     VERSUS
         JANABAI LAHU NATKAR AND OTHERS
                             ...
       Advocate for Applicants : Mr. Kedar Balbhim R.
 Advocate for Respondent No.1 in WP : Mr. Yogesh K. Bobade.
                             ...

                      CORAM : MANJUSHA A. DESHPANDE, J.
                      DATE : 05.10.2026

PER COURT :-


1.    Civil Application No.8984 of 2026 is filed for recalling of

the order passed by this Court on 21.04.2026. This Court by

way of common order had directed the petitioners to take steps

within a period of two (2) weeks. The petitioners failed to

take steps. Therefore, the Writ Petition came to be dismissed

for want of taking appropriate steps. According to the

petitioners, due to inadvertence, the applicants could not take

note of the order and the failure to take steps is neither

intentional   nor   deliberate.   Therefore,   Civil    Application

deserves to be allowed.
                             2                 83-CA.8983-26 & anr.odt


2.      For   the reasons stated in the application, Civil

Application is allowed in terms of prayer clauses “B and C”.


                     Civil Application for L.Rs.


3.      Civil Application has been filed for setting aside the

abatement order against respondent Nos.3-A and 5.                The

names of the proposed legal heirs of respondent Nos.3-A and 5

has been stated in the Civil Application itself. However, there

is some delay in filing the present civil application for bringing

the legal heirs of 3-A and 5 on record.


4.      For the reasons stated in the application, delay is

condoned and the Civil Application is allowed in terms of

prayer clauses “B and C”.


5.      Civil Application stands disposed of accordingly.




                                 (MANJUSHA A. DESHPANDE, J.)

                                  ...

vmk/-

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