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Bombay High Court

VITTHAL WAMANRAO RASVE AND ORSversusPRABHAKAR MAROTRAO RASVE AND ORS

Disposal
DISPOSED OFF

Holding

The order dismissing the writ petition was recalled, subject to the petitioners supplying the spare copy within a week.

Summary

The petitioners, Vitthal Wamanrao Rasve and others, filed a civil application seeking recall of a judgment dated 23 June 2026 that dismissed their writ petition on the ground of non‑supply of spare copies. They argued that a common order had been passed which they could not notice, and that the five‑day delay in filing the application was justified. The court, after considering the applicant’s counsel’s explanation, ordered that the earlier dismissal be recalled and directed the petitioners to supply the spare copy within one week, with a fresh notice to be issued on 17 September 2026. The court then disposed of the civil application. The order effectively reinstated the writ petition pending compliance with the spare‑copy requirement.

Issues considered

  • Whether the order dismissing the writ petition for non‑supply of spare copies can be recalled despite a delay in filing the application.

Subjects

  • recall of order
  • writ petition
  • spare copy
  • civil application
  • procedural delay

Judgment

2026:BHC-AUG:38175


                                                    1                      908-ca-9327-26.odt


                     IN THE JUDICATURE OF HIGH COURT AT BOMBAY
                                BENCH AT AURANGABAD

                         908 CIVIL APPLICATION NO. 9327 OF 2026
                                     IN WP/4723/2026
                        VITTHAL WAMANRAO RASVE AND OTHERS
                                        VERSUS
                       PRABHAKAR MAROTRAO RASVE AND OTHERS

              Advocate for Applicant : Mr. Ghode Madhav C.

                                          CORAM : MANJUSHA DESHPANDE, J.
                                             Dated : August 20, 2026
              PER COURT :-

              1.     This application is filed for recalling the order passed by this Court

              dated 23.06.2026 thereby dismissing the writ petition for non-supply of

              spare copies.

              2.     It is the contention of the applicant that a common order was

              passed by this Court which could not be noticed by the applicant.. There

              is a delay of 5 days in filing the Civil Application. For the explanation

              given by the learned advocate             for   the applicant, the order

              dated.23.06.2026 is recalled. The applicant shall supply the spare copy

              within one week.       After supply of spare copy, issue fresh notice

              returnable on 17.09.2026.

              3.     The Civil Application stands disposed.



                                                    ( MANJUSHA DESHPANDE, J. )
              shp


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