Bombay High Court

SHANKARRAO KESHAVRAO BHOIRKAR DCED. AND ANRversusVASUDEV KHANDERAO GUPTA and ORS .

Decided: 17 August 2026
Disposal: Allowed

Holding

The petition is restored and the dismissal order of 2 January 2020 is recalled.

Summary

The petition was dismissed on 2 January 2020 for non‑prosecution, and the applicants filed an interim application on 14 January 2020 seeking restoration within the prescribed limitation period. Service on two respondents was pending, but no one appeared on the dismissal date. The trustees asserted that the trust remained functional, and the applicants claimed the petition had been orally restored in court, though no order was uploaded. No reply was filed against the restoration application. The court, finding the averments uncontroverted and the limitation period complied with, allowed the application, recalled the dismissal order, and restored the petition for further hearing.

Issues considered

The petition dismissed for non‑prosecution can be restored under civil procedure rules.
Whether the filing of the restoration application within the limitation period suffices despite pending service on respondents.
Whether an oral indication of restoration without a formal order affects the court's power to restore the petition.

Subjects

restoration of petition
dismissal for non‑prosecution
limitation period
legal aid
trust law
civil procedure

Judgment

                                                                           24-IA-418-2020.doc



                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          CIVIL APPELLATE JURISDICTION

                                       INTERIM APPLICATION NO. 418 OF 2020
                                                       IN
                                         WRIT PETITION NO. 6279 OF 2001
SNEHA
NITIN              Shankarrao Keshavrao Bhoirkar (Deceased) and                 ...Applicants
CHAVAN             Anr
Digitally signed
by SNEHA
                             Versus
NITIN CHAVAN
Date:              Vasudev Khanderao Gupta And Ors                              ...Respondents
2026.08.17
20:37:46 +0530

                                                      ****
                   Mr. Prosper D’Souza for the Applicant (thru Legal Aid).
                   Mr. Dharmesh Pandya i/b Pandya’s Law Era for Respondent No.3.
                   Ms. Saina Crasto, AGP for Respondent No.4/State.
                   Mr. K.P. Shah i/b P.B. Shah for Respondent Nos. 5 to 7.
                                                      ****

                                                  CORAM :      M.M. SATHAYE, J.
                                                    DATE :     17th AUGUST, 2026

                   P.C. :


                   1.             Heard learned Counsel for the parties.
                   2.             This is an application for restoration of the petition, which is
                   dismissed for non prosecution under order dated 02.01.2020.
                   3.             The application is immediately filed on 14.01.2020 within the
                   prescribed period of limitation.
                   4.             Though according to the office note, service upon Respondent
                   Nos. 1 and 2 is awaited, nobody had appeared for them on 02.01.2020,
                   the day of dismissal in default.
                   5.             Learned Counsel for the Respondent No.3 (who is one of the
                   Trustees) submits on instructions, that Trust is still functioning.
                   6.             It is stated in the application that on the same day when it was
                   dismissed for non-prosecution, it was mentioned before the Court and



                   Sneha Chavan                                                                 1
                                                     24-IA-418-2020.doc



the petition was orally restored, however, the order was not uploaded.
It is further stated that when the petition was listed, it was listed as a
final hearing matter at Sr. No. 206 and earlier Advocate did not know
about it.
7.             The present application is filed through an advocate appointed
by Legal Aid.
8.             Considering the said averments which are uncontroverted, as
there is no reply filed, and further considering the fact that the
application is immediately filed within prescribed period of limitation
and further considering that Trust is represented by one of the trustees,
case for restoration is made out.
9.             Application is allowed. The order dated 02.01.2020 is
recalled. Petition is restored for hearing in accordance with law.




                                             (M.M. SATHAYE, J.)




Sneha Chavan                                                              2

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