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Bombay High Court

MANISHA PURUSHOTTAM NAIKNAVARE (SINCE DECEASED)versusTHE STATE OF MAHARASHTRA THRU THE SECRETARY, SCHOOL EDUCATION AND SPORTS DEPT. AND ORS

Decided
Disposal
Disposed Off

Holding

The Court may amend its earlier interim order upon a valid application and may dispose of applications as infructuous where appropriate.

Summary

Manisha Purushottam Naiknavare, as legal heir, filed Interim Application No. 5790 of 2026 seeking amendment of the Court's order dated 10 May 2024. The Court examined the application and, finding merit, allowed it, directing that the amendment be effected within two weeks from the date of the order. Consequently, the interim application was disposed. In the same order, the Court also addressed Interim Application No. 4112 of 2025, taking it on board and subsequently rendering it infructuous, thereby disposing of it as well. No statutes or precedents were cited in the reasoning. The order was pronounced by Justices M. S. Karnik and S. M. Modak.

Issues considered

  • What is the scope of the Court's power to amend its own interim order upon a fresh interim application?
  • Whether an interim application can be rendered infructuous and disposed of after being taken on board.

Subjects

  • interim relief
  • amendment of order
  • procedural law
  • civil appellate jurisdiction
  • disposal of applications

Judgment

                                                                                             13. IA 5790 of 2026.doc




                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                             CIVIL APPELLATE JURISDICTION

                                          INTERIM APPLICATION NO. 5790 OF 2026
                                                          IN
                                          INTERIM APPLICATION NO. 8786 OF 2024

                             Manisha Purushottam Naiknavare
                             since Decd. Thr. Legal Heirs                           ...Applicant

                                        Vs.

                             The State of Maharashtra
                             Thru The Secretary, School
                             Education and Sports Dept.
                             and Ors.                                               ...Respondents
                                                            *****
                             Adv. Viraj Shelatkar a/w Adv. Anjali Ghelani - Advocate for the
                             Petitioners in WP 14415 of 2018.
                             Adv. Kavita N. Solunke – Addl. GP for the Respondent-State
                                                            *****
                                               CORAM :         M. S. KARNIK AND
                                                               S. M. MODAK, JJ.

                                                 DATE     :      06th AUGUST 2026

                             P. C. :-

                                          INTERIM APPLICATION NO. 5790 OF 2026

                             1.      For the reasons mentioned in the application, we are satisfied.

                             The application deserves to be allowed and is accordingly allowed in

                             terms of Schedule, which is at page no. 9 of the application.

                             2.      Consequential amendment shall be carried out in terms of the
          Digitally signed
          by SEEMA
SEEMA KSHITIJ
        YELKAR
KSHITIJ Date:
YELKAR 2026.08.06
        18:46:38
          +0530              Seema                                                                             1/2
                                                           13. IA 5790 of 2026.doc




Order dated 10.05.2024, as modified by the present order, within a

period of two weeks from today.

3.      The Interim Application stands disposed of.

             INTERIM APPLICATION NO. 4112 OF 2025

4.      Not on board. Taken on board.

5.      The application is rendered infructuous and is accordingly

disposed of.



 (S. M. MODAK, J.)                              (M. S. KARNIK, J.)




Seema                                                                        2/2


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