Bombay High Court
JAIRAM S MULCHANDANI THROU POA PRITI JAIRAM MULCHANDANIversusSTANLEY DSOUZA
- Decided
- Disposal
- Allowed
- Bench
- MADHAV JAMDAR
Holding
The Court recalled the dismissal order and restored the writ petition and related interim application to the file.
Summary
The applicant filed an interim application seeking recall of the High Court's order dated 6 January 2026 that dismissed Writ Petition No.12163 of 2025 for non‑prosecution. The respondent opposed the application, but the Court, after considering the reasons advanced, allowed the interim application. Consequently, the dismissed writ petition and the related interim application were restored to the Court's file and scheduled for admission on 19 January 2026. The interim order that had operated in the writ petition was also restored. The interim application was disposed of without any order as to costs.
Issues considered
- Whether the order dismissing the writ petition for non‑prosecution can be recalled
- Whether the interim application seeking such recall should be allowed
Subjects
- interim application
- recall of order
- non‑prosecution
- writ petition
- restoration
- High Court
Judgment
919-IA-392-2026.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO.392 OF 2026
IN
WRIT PETITION NO.12163 OF 2025
Jiaram S. Mulchandani
through General Power of Attorney his Wife
Digitally
signed by Priti Jairam Mulchandani …Applicant
SONALI
SONALI MILIND Versus
MILIND PATIL Stanley D’souza …Respondent
PATIL Date:
2026.01.17
15:10:27
+0530
Mr. Vasant P. Rajnale a/w. Ms. Mona Mhatre, for the Applicant.
Mr. Shailesh Gawade, for the Respondent.
CORAM: MADHAV J. JAMDAR, J.
DATED : 17th JANUARY 2026
P. C.:
1. This Interim Application is taken out for recall of the order
dated 6th January 2026 by which the Writ Petition is dismissed for
non-prosecution.
2. Although the learned Advocate appearing for the
Respondent strongly opposes the Interim Application, for the
reasons set out in the Interim Application, the same is allowed in
terms of prayer clause (a).
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919-IA-392-2026.DOC
3. Accordingly, the Writ Petition No.12163 of 2025 along with
Interim Application No.38563 of 2025 are restored to the file of
this Court.
4. The Writ Petition No.12163 of 2025 be listed for
“admission” on 19th January 2026. To be listed fairly high on
board.
5. As the Writ Petition is restored to the file of this Court, the
interim order operating in the Writ Petition also stands restored.
6. Accordingly, the Interim Application is disposed of in above
terms with no order as to costs.
[MADHAV J. JAMDAR, J.]
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