Bombay High Court

SANJAY SADASHIV ADELKARversusTHE ADDITIONAL COLLECTOR AND APPELLATE AUTHORITY

Decided: 22 September 2026
Disposal: DISPOSED OFF

Holding

The court condoned the delay and recalled the dismissal order, thereby restoring the writ petition.

Summary

The applicant, Sanjay Sadashiv Adelkar, filed an interim application seeking restoration of his writ petition (L) No. 9472 of 2025, which had been dismissed for want of prosecution. The petition had been dismissed on 23 January 2026, and the applicant filed the restoration application 66 days later. The issue before the court was whether the 66‑day delay in filing the restoration application could be condoned and the dismissal order set aside. Justice N. J. Jamadar, after considering the arguments, held that the delay was condoned in the interest of substantive justice. Consequently, the order dismissing the petition for want of prosecution was recalled and the writ petition was restored to the file. The interim application was thereafter disposed.

Issues considered

Whether a delay of 66 days in filing an application to restore a dismissed petition can be condoned
Whether the dismissal order for want of prosecution should be recalled

Subjects

delay condonation
want of prosecution
restoration of petition
interim application
civil procedure

Judgment

                                                                             23 IA-5229-26.DOC

                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   ORDINARY ORIGINAL CIVIL JURISDICTION

                                    INTERIM APPLICATION NO. 5229 OF 2026
                                                      IN
                                      WRIT PETITION (L) NO. 9472 OF 2025

                      Sanjay Sadashiv Adelkar                                ..Applicant

                              Versus

                      The Additional Collector & Appellate
                      Authority & ors.                                   …Respondents

                      Mr. Narayan Rokade, for the applicant.

                      Ms. Vrushali Kabare, AGP for Respondent No.1 – State.


                                                 CORAM :       N. J. JAMADAR, J.
                                                 DATE    :     22nd SEPTEMBER 2026
                      P.C.:
SAINATH
SANJAY
BODKHE
Digitally signed by
                      1.      Heard the learned Counsel for the applicant.
SAINATH SANJAY
BODKHE
Date: 2026.09.24
11:11:55 +0530



                      2.      For the reasons assigned in the application and to

                      advance the cause of substantive justice, the delay of 66 days in

                      taking out the application to restore the petition which came to

                      be dismissed for want of prosecution stands condoned and the

                      order dated 23rd January, 2026 dismissing the petition for want

                      of prosecution stands recalled.

                      3.      The WP(L)/9472/2025 stands restored to file.

                      4.      The Interim Application stands disposed.


                                                                [N. J. JAMADAR, J.]
                      SAINATH, PA                        1/1

Continue reading with your account

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.