Bombay High Court
BHIMABAI BABURAO KADAM SINCE DEC THR LHR SARSWATI S SURVEversusTHE STATE OF MAHARASHTRA THROUGH THE UNDER SECRETARY REVENUE AND FOREST DEPARTMENT
- Decided
- Disposal
- Allowed
Holding
The Court allowed the interim application, condoned the delay and restored the writ petition.
Summary
The applicant, the legal heir of the deceased Bhimabai Baburao Kadam, filed an interim application seeking restoration of a writ petition that had been dismissed for non‑prosecution on 20 April 2026. The Court examined the reasons set out in paragraphs 4 and 5 of the application and was persuaded that the delay in filing the restoration request could be condoned. Accordingly, the Court allowed the application, recalled the dismissal order, and restored the writ petition to the file. The delay was expressly condoned and the petition was listed for further hearing on 31 July 2026. The order thus reinstated the original proceedings for consideration.
Issues considered
- Whether a writ petition dismissed for non‑prosecution may be restored on an interim application
- Whether the delay in filing the restoration application can be condoned
Subjects
- restoration of writ petition
- non‑prosecution dismissal
- condonation of delay
- interim application
- civil appellate jurisdiction
Judgment
bipin prithiani
1
14-ia-4917.26.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 4917 OF 2026
IN
WRIT PETITION NO. 15372 OF 2025
Bhimabai Baburao Kadam, since decd.,
through Legal Heir Sarswati S. Surve … Applicant
Versus
The State of Maharashtra & Ors. … Respondents
******
Ms. Poonam V. Bodke Patil (through V.C.) for the Applicant.
Mr. R. S. Pawar, AGP for Respondent-State.
******
CORAM : MANISH PITALE AND
SHREERAM V. SHIRSAT, JJ.
DATE : 10th JULY 2026
P.C. :
. This is an application filed on behalf of the applicant
(original petitioner), seeking restoration of the writ petition, which
was dismissed for non-prosecution by an order dated 20 th April
2026 passed by this Court.
2. For the reasons stated in paragraphs 4 and 5 of the
application, we are convinced that the application deserves to be
allowed.
3. Accordingly, the application is allowed and the delay is
condoned. The order dated 20 th April 2026 is recalled. The
petition is restored to file.
4. List the petition for further consideration on 31 st July 2026,
to be included in the supplementary list.
Digitally signed by
BIPIN
BIPIN DHARMENDER
DHARMENDER PRITHIANI
PRITHIANI Date: 2026.07.13
09:59:26 +0530
(SHREERAM V. SHIRSAT, J.) (MANISH PITALE, J.)
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