Bombay High Court
HARNARAYAN RAMCHANDRA SHARMA SINCE DECD THORUGH LRS.versusSHARDA DEVI SINCE DEC THR LRS
- Decided
- Disposal
- Allowed
- Bench
- GAURI GODSE
Holding
The Court held that the writ petition should be restored against all respondents and that notice must be issued to respondents 1e and 1f.
Summary
The petitioners filed Writ Petition No. 4543 of 2017 seeking relief against several respondents. A conditional order by the Registrar had dismissed the petition with respect to respondents 1e and 1f due to lack of service. The petitioners argued that a caveat filed on behalf of all respondents required notice to be served on 1e and 1f as well, and that the delay in service should be condoned. The Court examined the record, noted that counsel had only appeared for respondents 1a to 1d, and therefore the notice to 1e and 1f was defective. Conditionally condoning the delay, the Court restored the writ petition against all respondents and directed that notice be issued to respondents 1e and 1f, with service by private notice and an affidavit of service to be filed before the next date.
Issues considered
- Whether a writ petition dismissed against certain respondents can be restored when a caveat was filed on behalf of all respondents.
- Whether the filing of a caveat on behalf of all respondents obliges the court to serve notice to each respondent.
- Whether the delay in serving notice to respondents 1e and 1f can be condoned.
Subjects
- writ petition
- restoration of petition
- caveat
- service of notice
- procedural law
- civil appellate jurisdiction
Judgment
8-wp-4543-2017-ia-1694-2026.doc
varsha IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 4543 OF 2017
WITH
INTERIM APPLICATION NO. 1694 OF 2026
Harnarayan Ramchandra Sharma … Petitioners/Applicants
(Deceased) through Lrs
vs.
Sharda Devi(Deceased) through Lrs … Respondents
Digitally
Mr. A.S. Pal, Mr. Gobinda C. Mohanty i/b. M/s. Mohanty and
signed by
VARSHA
VARSHA VIJAY
VIJAY RAJGURU Associates for the Petitioners/Applicants.
RAJGURU Date:
2026.03.05
18:01:59
+0530 Mr. Deep Padachh a/w. Mr. Deepraj Shetye i/b. Mr. Rajiv Hingu for
Respondent Nos. 1(a) to 1(d).
CORAM : GAURI GODSE, J.
DATED : 4th MARCH 2026
ORDER:
INTERIM APPLICATION NO. 1694 OF 2026
1. This application is for restoration of the writ petition against
respondent nos. 1e and 1f. In view of the conditional order passed
by the learned Registrar, the writ petition stood dismissed against
respondent nos. 1e and 1f.
2. Learned counsel for the petitioners submits that since there
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was a caveat filed on behalf of all the respondents, he had served
the advocate who had filed the caveat. He however submits that the
advocate for the caveator had appeared only on behalf of
respondent nos. 1a to 1d. Hence, notice was issued to respondent
nos. 1e and 1f.
3. I have perused the papers of the petition. It appears that the
advocate who appeared for the respondents had given his
appearance on 9th October 2017 only for respondent nos. 1a to 1d.
Hence, this court issued notice to respondent nos. 1e and 1f.
Hence, in the facts and circumstances of the case and the reasons
stated in the application, the delay is condoned and the application
is allowed in terms of prayer clause (b). The writ petition is restored
against respondent nos. 1a to 1f.
WRIT PETITION NO. 4543 OF 2017
4. Learned counsel for the respondents does not dispute that
the caveat was filed on behalf of all the respondents. However, he
submits that he has no instructions from respondent nos. 1e and 1f.
This petition needs to be decided finally at admission stage. Hence,
issue notice for final disposal of the petition at admission stage.
Notice is made returnable on 8th April 2026.
5. Learned counsel who appears today waives notice on behalf
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of respondent nos. 1a to 1d.
6. Office shall therefore issue notice to respondent nos. 1e and
1f.
7. In addition to the court notice, learned advocate for the
petitioners to serve the remaining respondents, by private notice
and file affidavit of service before the next date.
8. Learned advocate for the petitioners shall ensure that the
copies are supplied and court notice is issued by taking humdast.
(GAURI GODSE, J.)
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