Bombay High Court

USHA SHAMRAO KHUBIKARversusTHE STATE OF MAHARASHTRA AND ORS.

Decided: 17 February 2026
Disposal: Disposed Off
Bench: M S KARNIK S M MODAK

Holding

The Court held that, in the interest of justice, the delay was condoned and the order of 29 May 2017 was recalled, thereby restoring the writ petition to the file.

Summary

The petitioners filed Writ Petition No.8783 of 2007 challenging actions of the State of Maharashtra. An order dated 29 May 2017 had been passed by the High Court, which the petitioners sought to set aside. The petitioners filed an interim application (No.10794 of 2024) seeking condonation of delay and restoration of the writ petition to the file. The Court, after hearing oral submissions, held that in the interest of justice the delay could be condoned. Consequently, the order of 29 May 2017 was recalled and the writ petition was restored, and the interim application was allowed.

Issues considered

Whether the delay in filing the interim application can be condoned?
Whether the order dated 29 May 2017 should be recalled and the writ petition restored to the file?

Subjects

interim application
condonation of delay
writ petition
restoration of petition
civil appellate jurisdiction
interest of justice

Judgment

2026:BHC-AS:8218-DB


                 Bhogale                                                  5.ia-10794-2024.odt



                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CIVIL APPELLATE JURISDICTION

                              INTERIM APPLICATION NO.10794 OF 2024
                                               IN
                                 WRIT PETITION NO.8783 OF 2007
               Usha Shamrao Khubikar                        … Applicant
               In the matter of
               Usha Shamrao Khubikar                     … Petitioner
                    Versus
               The State of Maharashtra and Ors.         .… Respondents
                                               ****
               Adv. Nitin P. Deshpande a/w Adv. Rachana Harpale, Adv. Santosh
               Kurade, Adv. Anjali Shinde, for the Applicant/Petitioner.
               Mr. A. I. Patel, Addl.G.P. a/w Ms. Rupali Shinde, AGP, for
               Respondent Nos.1, 2 and 5-State.
                                               ****
                                             CORAM : M. S. KARNIK &
                                                         S. M. MODAK, JJ.

                                                  DATE :    17th FEBRUARY, 2026
               P.C. :

               1.           Heard learned counsel for the parties.

               2.           Learned Additional Government Pleader opposed the

               application. However, we feel that in the interest of justice, the

               application deserves to be allowed in view of the oral submissions

               made by learned counsel for the applicant and for the reasons

               stated in the application by condoning the delay. The order dated

               29th May 2017 passed by this Court is recalled. The Writ Petition

               No.8783 of 2007 is restored to file.


                                                 1
                              Bhogale                                          5.ia-10794-2024.odt



                           3.           The Interim Application is allowed and accordingly

                           disposed of.



                           (S. M. MODAK, J.)                             (M. S. KARNIK, J.)




Signed by: Pradnya Bhogale
Designation: PA To Honourable Judge
Date: 18/02/2026 10:20:27                                 2

Continue reading with your account

Checking your session…