Bombay High Court

Shobha Narendra KabraversusState of Maharashtra

Disposal: DISPOSED OFF

Holding

The court allowed the civil application, condoned the 50‑day delay, and set aside the dismissal order.

Summary

Shobha Narendra Kabra filed a civil application seeking to recall an order of dismissal dated 8 April 2026, alleging that the order was erroneously listed in the unserved category and that she was unaware of it. The petitioner discovered the dismissal when checking the status of the writ petition and argued that the respondents had already appeared and sought an adjournment, negating any reason for an unserved listing. The court examined the explanation provided and considered whether the delay of 50 days in filing the application could be condoned. Relying on procedural principles, the bench condoned the delay and allowed the civil application in accordance with the prayer clauses. Consequently, the civil application was disposed of, effectively setting aside the dismissal order.

Issues considered

Whether an order of dismissal listed in the unserved category can be recalled when the petitioner was unaware of it.
Whether a delay of 50 days in filing a civil application for recall can be condoned.

Subjects

civil procedure
dismissal of writ petition
condonation of delay
unserved category
recall of order

Judgment

2026:BHC-AUG:40845-DB
1 977-CA-9990-2026.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

977 CIVIL APPLICATION NO. 9990 OF 2026
IN WP/9260/2025
Shobha Narendra Kabra
VERSUS
The State of Maharashtra & Ors.
...
Ms.Khushi K. Varma for the Applicant.
...

CORAM : MANJUSHA DESHPANDE, J.
DATE : 01.09.2026

PER COURT :

1. This Civil Application has been filed by the Petitioner for

recalling of order passed by this Court on 8 th April, 2026. On 8th April,

2026, it is submitted that on the date, when the order was passed, the

matter was wrongly listed in the unserved category and the Applicant

was not aware about the order of dismissal.

2. The Petitioner realized about the dismissal of the Writ

Petition when the Petitioner has checked the status of the Writ Petition.

Therefore, upon getting the knowledge of the order of dismissal, the

present Civil Application has been filed. It is the statement of the

Petitioner that, it was wrongly listed in the unserved category, since the

Respondents had already caused an appearance in this matter and had

sought an adjournment. Therefore, there was no question of listing the

matter in the unserved category.

Sunny Thote
2 977-CA-9990-2026.odt

3. In view of the explanation given by the Applicant in the

application, the Civil Application is allowed in terms of Prayer Clauses

[B] and [C], by condoning the delay of 50 days.

4. Accordingly, the Civil Application is disposed off.

[ MANJUSHA DESHPANDE, J. ]

Sunny Thote

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