Bombay High Court

ABDUL GAFFOR PAPAMIYA SHAIKHversusANAND CLOTH STORES, PROP. RAMESH SHANTILAL KATARE AND ORS.

Disposal: Allowed

Holding

The Court held that the writ petition may be restored as per prayer clause 7B.

Summary

Abdul Gaffor Papamiya Shaikh filed an interim application seeking restoration of his writ petition, which had earlier been dismissed for default. The petition had been dismissed because the applicant failed to comply with procedural requirements. The applicant argued that the dismissal was erroneous and requested that the petition be reinstated. The Court, after considering the reasons set out in the application, allowed the restoration in accordance with prayer clause 7B. Consequently, the interim application was disposed of.

Issues considered

Whether a writ petition dismissed for default can be restored upon an interim application?

Subjects

restoration of writ
default dismissal
interim application
civil appellate jurisdiction

Judgment

                                                             49 IA 1523 OF 2026.odt

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       CIRCUIT BENCH AT KOLHAPUR
                      CIVIL APPELLATE JURISDICTION

                 49 INTERIM APPLICATION NO. 1523 OF 2026
                                   IN
                      WRIT PETITION NO. 2436 OF 2016

               ABDUL GAFFOR PAPAMIYA SHAIKH
                             VERSUS
 ANAND CLOTH STORES, PROP. RAMESH SHANTILAL KATARE AND ORS.
                                 ...
         Advocate for Applicant : Adv. Sumayya S. Shaikh
                                 ...
                CORAM                : SHAILESH P. BRAHME, J.

                         DATE                 : 01.10.2026


PER COURT :

          The applicant seeks restoration of the writ petition, which was
dismissed for default.

2.      For the reasons stated in the application, it is allowed in terms of
prayer clause 7B.

3.      Interim application is disposed of.



                                        ( SHAILESH P. BRAHME, J.)




mkd/-




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