Bombay High Court

PINKY DEVI WD/O SUNDER SINGH THAKUR AND ANR.versusKRISHNAMURTHY SANTAPPA GOVILEKAR

Decided: 31 August 2026
Disposal: Disposed Off

Holding

The Court recalled the dismissal order and restored the petition.

Summary

The petition was dismissed on 28 January 2026 for non‑prosecution. The petitioners filed an interim application seeking restoration of the dismissed petition. The Court examined whether the dismissal order could be recalled to allow the petitioners to prosecute the petition on its merits. Finding merit in the application, the Court recalled the dismissal order, restored the petition, and disposed of the interim application. The petition was listed for admission on 17 September 2026 and the earlier ad interim relief was ordered to continue.

Issues considered

Whether a dismissal order for non‑prosecution can be recalled on an interim application
Whether the petition should be restored to allow prosecution on merits

Subjects

restoration of petition
non‑prosecution dismissal
interim application
civil appellate jurisdiction
ad interim relief

Judgment

Vaishnavi                                                  76-IA-1806-2026


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       CIVIL APPELLATE JURISDICTION
                   INTERIM APPLICATION NO. 1806 OF 2026
                                   IN
                     WRIT PETITION NO. 12862 OF 2016

Pinky Devi Sunder Singh Thakur and                      ...Applicants/
Anr.                                                 Orig. Petitioner No. 2
In the matter between
1. Smt. Pinky Devi Suner Sing Thakur.
2. Mr. Neerajsingh Sunder Singh
Thakur.                                                  Petitioner/
                                                        Orig. Plaintiffs

                      V/s.

Krishnamurthy Santappa Govilekar                        ...Respondent
                                 ________________
Ms. Geetal Shestri i/b Mevalal V/s. For Applicant/Petitioner
                                 ________________


                                           CORAM: SANDEEP V. MARNE, J.

                                           DATED: 31 AUGUST 2026


P.C.:


1)          The Interim Application is filed for restoration of the Petition
which is dismissed for non prosecution by order dated 28 January 2026.
For the reasons indicated in the application and for the purpose of
providing an opportunity to the Petitioners to prosecute the Petition on
merits order dated 28 January 2026 is recalled and the Petition is
restored.

                                    Page No.1 of 2
                                   31 August 2026
Vaishnavi                                                  76-IA-1806-2026




2)          Interim Application is accordingly disposed of.


3)          List the Petition for admission on 17 September 2026. Ad interim
relief granted earlier shall continue to operate.




                                                      [SANDEEP V. MARNE, J.]




                                     Page No.2 of 2
                                    31 August 2026

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