Bombay High Court

AYUB NAZIR SHAIKHversusThe State of Maharashtra

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

Holding

The application for restoration is allowed as it was filed within the limitation period.

Summary

The applicant, Mr. Aayub Nazir Shaikh, filed an interim application seeking restoration of Writ Petition No. 2273 of 2024, which had been dismissed for non‑prosecution on 22 January 2026. The court examined whether the restoration application was filed within the prescribed limitation period. It found that the application was indeed filed within the limitation period. Consequently, the court allowed the application, thereby restoring the dismissed writ petition. The decision was rendered by a two‑judge bench of the Bombay High Court.

Issues considered

Whether an application for restoration of a dismissed writ petition filed for non‑prosecution is maintainable when filed within the limitation period

Subjects

restoration of writ petition
non‑prosecution
limitation period
civil appellate jurisdiction
Bombay High Court

Judgment

WAKLE
MANOJ
JANARDHAN
                       Manoj                                                    25(A)-IA-1344-2026.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.1344 OF 2026
                                                         IN
                                        CIVIL WRIT PETITION NO.2273 OF 2024

                      Mr. Aayub Nazir Shaikh                              …..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. a/w Mr. O.A. Chandurkar, Addl.G.P. and Mr. Ketan
                      Joshi, "B" Panel Counsel, 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.2273

                      of 2024 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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