SHRIKANT GAJANAN BENI AND ORSversusPRABHAKAR YASHWANT KULKARNI AND ORS

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                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CIVIL APPELLATE JURISDICTION
           Digitally
           signed by
           MANALI
                                     INTERIM APPLICATION NO. 38645 OF 2025
MANALI     PRASANNA
PRASANNA
TILAK
           TILAK
           Date:
                                                      IN
           2026.09.29
           13:53:28
           +0530
                                         WRIT PETITION NO. 285 of 2012


                        Shrikant Gajanan Beni and ors             ..   Applicants
                                          Versus
                        Prabhakar Yashwant Kulkarni and ors       ..   Respondents

                                                      …
                        Ms.Rishika Agarwal for the applicants.
                        Mr.S.D. Vyas, Addl. G.P with Mr.M.S. Bane, AGP for State
                        respondent no.1.

                                           CORAM : BHARATI DANGRE &
                                                    ASHISH S. CHAVAN, JJ
                                           DATED : 24th SEPTEMBER, 2026

                        P.C:-

                        1       IA No.38645/2025 seeks restoration of the Writ Petition
                        to its file for its determination on merits. It is contended by the
                        learned counsel for the applicants that on 22/2/2024, an
                        inadvertent statement was made before the Court that the
                        grievance raised in the Writ Petition do not survive on account
                        of the passage of time.

                        2       According to the learned counsel for the applicants, this
                        was a sheer inadvertent error which according to her occurred
                        because there are several other petitions of the petitioner which
                        are pending and the instructions were assumed to be the one
                        given in the present Writ Petition.

                        Tilak
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        Finding the reasons stated to be bonafide, we have no
hesitancy in restoring the Writ Petition to its file as the
petitioner never intended to withdraw the Writ Petition.
However, we direct restoration of WP No.285/2012 to its file
subject to deposit of costs of Rs.10,000/- with the Bharatratna
Dr. Babasaheb Ambedkar Advocate Training and Research
Centre, Taloja, Navi Mumbai. The details of the account are as
under :
Name      : (BCMG's) Advocate Academy & Research Center,
Account No. 000120110001327.
Bank Name: Bank of India.
Branch    : Mumbai Main
IFS Code : BKID0000001
Type of   : Current Account.

        Let the costs to be deposited within a period of one week
from today.

        List the Writ Petition for consideration on 13/10/2026 on
Supplementary Board.

        Interim Application is made absolute.



(ASHISH S. CHAVAN, J)                    (BHARATI DANGRE, J.)




Tilak