Bombay High Court

MR. GAJENDRA NARAYAN WAIPHALKARversusTHE STATE OF MAHARASHTRA THR ITS SECRETARY, REVENUE DEPARTMENT, AND ANR

Disposal: Allowed

Holding

The court held that the writ petition may be restored as the applicant made out a sufficient case for restoration.

Summary

The applicant, Mr. Gajendra Narayan Waiphalkar, filed an interim application seeking restoration of his writ petition (No. 12770 of 2019) which had been dismissed for non‑prosecution on 15 April 2026. The petition had been dismissed because the applicant failed to pursue the proceedings. Counsel for both parties were heard, and the court examined the contents of the interim application. The judges were satisfied that a sufficient case was made to justify restoring the dismissed petition. Consequently, the court allowed the interim application, thereby reinstating the writ petition for further consideration.

Issues considered

Whether a writ petition dismissed for default can be restored on an interim application
Whether the applicant has shown sufficient cause to merit restoration of the petition

Subjects

writ petition
restoration
non‑prosecution
interim application
high court
civil appellate jurisdiction

Judgment

                                                                    15-IA-1451-2026.doc


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              CIRCUIT BENCH AT KOLHAPUR
                              CIVIL APPELLATE JURISDICTION
                          INTERIM APPLICATION NO. 1451 OF 2026
                                           IN
                             WRIT PETITION NO. 12770 OF 2019
             Mr. Gajendra Narayan Waiphalkar                          …Applicant
                  Vs
             The State Of Maharashtra Thr Its Secretary,
             Revenue Department, and Anr.                         …Respondents

             Mr. Kirankumar Phakade a/w Ms. Shweta K. Phakade Advocate for
             Applicant
             Mr. N. C. Walimbe, Addl GP a/w Mr. Santosh A. Jadhav, AGP for
             the State
             Mr. Rajesh Datar (VC), advocate for Respondent No.2

                                    CORAM : RAJESH S. PATIL, &
                                            ABHAY J. MANTRI, JJ.
                                    DATE    : 21 SEPTEMBER 2026
             P. C. :
             1.      This application is filed for restoration of the Writ Petition

             which was dismissed for non-prosecution by order dated 15 April
IRESH
MASHAL
             2026.
Digitally
signed by
IRESH
MASHAL
Date:
2026.09.21
19:15:48
+0530

             2.      Heard counsel for the parties and we have gone through the

             contents of the Interim Application. We are satisfied that a case is

             made out for restoration of the Writ Petition which was dismissed

             for default.




                                               1/2
             Iresh
                                                   15-IA-1451-2026.doc


3.      In view of the same, Interim Application stands allowed in

terms of prayer clause (a).




(ABHAY J. MANTRI, J.)                        (RAJESH S. PATIL, J.)




                                2/2
Iresh

Continue reading with your account

Checking your session…