Bombay High Court

MR JAYANTILAL JOSHIversusThe State of Maharashtra

Decided: 17 February 2026
Disposal: Allowed
Bench: A S GADKARI SHYAM C CHANDAK

Holding

The writ petition is restored as the application for restoration was filed within the limitation period.

Summary

The applicant filed an interim application seeking restoration of Writ Petition No.12085 of 2025, which had been dismissed for non‑prosecution on 22 January 2026. The court examined whether the restoration could be granted despite the earlier dismissal. It noted that the application for restoration was filed within the prescribed limitation period. No substantive merits of the original writ were revisited; the focus was solely on procedural compliance. Consequently, the court allowed the application, restoring the dismissed writ petition. The order was pronounced by Justices A.S. Gadkari and Shyam C. Chandak.

Issues considered

Whether a writ petition dismissed for non‑prosecution can be restored when the application for restoration is filed within the limitation period?

Subjects

restoration of writ
non‑prosecution dismissal
limitation period
civil appellate jurisdiction
interim application

Judgment

WAKLE
MANOJ
JANARDHAN
                       Manoj                                                    21(A)-IA-1340-2026.doc
Digitally signed by
WAKLE MANOJ
JANARDHAN
Date: 2026.02.23
19:24:41 +0530                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          CIVIL APPELLATE JURISDICTION

                                       INTERIM APPLICATION NO.1340 OF 2026
                                                         IN
                                       CIVIL WRIT PETITION NO.12085 OF 2025

                      Mr. Jayantilal Joshi                                …..Applicant
                            Vs.
                      The State Of Maharashtra & Ors.                     …..Respondents
                                    __________________________________________

                      Adv. S.T. Pandey a/w Ms. Kajal Upadhyay, Ms. Deepika Jaiswal i/by S.T.
                      Pandey, for the Applicant.
                      Smt. Neha S. Bhide, G.P. with Mr. O.A. Chandurkar, Addl.G.P. with Smt. G.R.
                      Raghuwanshi, AGP for the Respondent-State.
                                    __________________________________________

                                                      CORAM :      A. S. GADKARI AND
                                                                   SHYAM C. CHANDAK, JJ.
                                                         DATE :    17th FEBRUARY, 2026.

                      P.C.:-

                      1)           This is an Application for restoration of Writ Petition No.12085

                      of 2025 which was dismissed for non-prosecution by Order dated 22 nd

                      January 2026.

                      1.1)         Present Application is filed within a period of limitation.

                      2)           In view thereof and for the reasons stated in the Application, it

                      is allowed in terms of prayer clause (b).



                               (SHYAM C. CHANDAK, J.)                    (A.S. GADKARI, J.)




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