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Bombay High Court

VAISHALI SATISH KOLTEversusTHE SUB DIVISIONAL OFFICER MAGISTRATE BHOKARDAN AND OTHERS

Disposal
DISPOSED OFF

Holding

The Court allowed the civil application and ordered the deletion of Respondent No.15, thereby disposing of the application.

Summary

The petitioner, Vaishali Satish Kolke, filed a civil application seeking recall of a July 3, 2026 order that required the petitioners to take steps within four weeks or face dismissal. The petitioner argued that Respondent No.15, a formal party, was unnecessary for adjudicating the writ petition and should be deleted. The respondent’s counsel opposed the deletion. The Court examined whether the procedural order could be set aside and whether a formal party could be removed when not essential to the case. Finding merit in the petitioner’s claim, the Court allowed the civil application, ordered the deletion of Respondent No.15, and disposed of the application.

Issues considered

  • Whether the order directing steps within four weeks can be recalled
  • Whether Respondent No.15 can be deleted as a formal party not necessary for adjudication

Subjects

  • recall of order
  • civil application
  • deletion of party
  • procedural compliance
  • dismissal

Judgment

2026:BHC-AUG:40277
                                                 1                       974-CA-9224-2026.odt




                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                              974 CIVIL APPLICATION NO. 9224 OF 2026
                                          IN WP/5676/2026

                                        Vaishali Satish Kolte
                                              VERSUS
                    The Sub Divisional Officer Magistrate Bhokardan And Others
                                                  ...
             Mr. Vaidya Ameet Raveendra for the Applicant.
             Ms. Meenakshi Sangit, AGP for the Respondent/State.
                                                  ...

                                    CORAM            : MANJUSHA DESHPANDE, J.
                                    DATE             : 01.09.2026

             PER COURT :


             1.             The Application is for recall of order passed by this Court

             dated 3rd July, 2026. It is stated that the order has been passed by this

             Court directing that the steps shall be taken within a period of four weeks

             by the respective Petitioners, failing which, the matter shall stand

             dismissed without further reference to the Court.

             2.             The learned Advocate for the Applicant submits that the

             Applicant has failed to take steps against the Respondent No.15,

             therefore, the order impugned came to be passed. According to him,

             Respondent No.15 is a formal party, not necessary for adjudication of the

             Writ Petition. Hence, he seeks deletion of Respondent No.15.

             3.             In view of the averments made in the application, the Civil

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

             Sunny Thote
                                    2                          974-CA-9224-2026.odt


4.            Accordingly, the Civil Application is disposed off.



                                            [ MANJUSHA DESHPANDE, J. ]




Sunny Thote


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