Bombay High Court
SAYYAD GANI BUDHAN DIED THR LRS SAYYAD LADDU SAYYAD GANI BUDHANversusRABBINABI SAYYADMIYA DIED THR LRS SAYYAD KHAJA SAYYAD MIYA AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The Court recalled the order dated 27 April 2026 and ordered a fresh notice to be issued to the respondent.
Summary
The petitioner filed a civil application seeking recall of an order dated 27 April 2026 which had directed removal of an objection within six weeks or automatic dismissal of the petition. The petitioner’s counsel provided an explanation for the failure to comply. The Court considered the explanation and decided to recall the earlier order, directing that a fresh notice be issued to Respondent No.1C at the new address supplied. The notice is to be returned on 21 September 2026. Consequently, the civil application was disposed of.
Issues considered
- Whether the order dated 27 April 2026 directing removal of the objection within six weeks can be recalled on the basis of the petitioner's explanation.
Subjects
- recall of order
- civil procedure
- notice
- automatic dismissal
- High Court
Judgment
2026:BHC-AUG:38599
1 66-CA-9397-2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
66 CIVIL APPLICATION NO. 9397 OF 2026
IN WP/10716/2025
Sayyad Gani Budhan Died Thr Lrs Sayyad Laddu Sayyad Gani Budhan
VERSUS
Rabbinabi Sayyadmiya Died Thr Lrs Sayyad Khaja Sayyad Miya And
Others
…..
Mr. A. P. Bhandari h/f., Mr. Sancheti Rahul Ratilal, Advocate for
Applicant.
…..
CORAM : MANJUSHA DESHPANDE, J.
DATE : 24 AUGUST 2026
PER COURT :
1. This application is filed for recall of the order dated 27 April 2026,
wherein this Court has passed a common order directing the petitioner to
remove the objection within six weeks, failing which the petition would
automatically stand dismissed without further reference to the Court.
2. In view of the explanation given by the learned advocate for the
petitioner, the order dated 27 April 2026 is recalled and notice to
respondent No.1C shall be issued on the fresh address given by the
petitioner in paragraph No.3 of the present Civil Application, returnable
on 21 September 2026.
3. Civil Application stands disposed of.
[ MANJUSHA DESHPANDE, J. ]
Kiran Kawre
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