Bombay High Court

SAFATULLAH INAYATULLA (SINCE DECD.) THROUGH LRS.versusABBAS ALI KALAP HUSSAIN (SINCE DECD.) THROUGH LRS.

Decided: 16 September 2026
Disposal: Disposed Off

Holding

The Court recalled the order dismissing the writ petition and restored the petition for admission.

Summary

The petitioners sought restoration of their writ petition after it had been dismissed as infructuous on 25 February 2026, following the dismissal of the main appeal on 26 June 2024. Subsequently, an order dated 22 July 2026 indicated that the earlier order dismissing the appeal was recalled and the appeal was restored. The petitioners filed an interim application requesting that the dismissal order of the writ petition be set aside in view of the restored appeal. The Court examined whether the earlier dismissal could be vacated given the change in status of the main appeal. Finding that the appeal had indeed been restored, the Court recalled the 25 February 2026 order and ordered the writ petition to be reinstated for admission on 18 September 2026. The interim application was consequently disposed.

Issues considered

What is the effect of the recall of the order dismissing the main appeal on the earlier order dismissing the writ petition as infructuous?

Subjects

interim application
restoration of petition
writ petition
appellate jurisdiction
procedural law

Judgment

Renuka Thakur                                                     20-IA-7277-2026.docx


                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        CIVIL APPELLATE JURISDICTION
                   INTERIM APPLICATION NO. 7277 OF 2026
                                          IN
                       WRIT PETITION NO. 13217 OF 2017
Safatullah Inayatulla (Since Decd.)                    ...Applicants/Petitioners
Through Lrs.      Abdullal Safatulla
Choudhary and Ors.
                      V/s.

Abbas Ali Kalap Hussain (Since Decd.)                      ...Respondents
Through Lrs Raitunissa Hussain
(deceased) and ors.
                           ________________
Ms. Aishwarya R. Tuwar i/b Dr. Uday P. Warunjikar for Applicant.
Mr. Suraj N. Naik for Respondents.
                                  ________________
                                           CORAM: SANDEEP V. MARNE, J.
                                            DATED: 16 SEPTEMBER 2026.


P.C.:


1)               The Application is filed for restoration of the Petition which
is dismissed as infructuous by order dated 25 February 2026. The Petition
came to be dismissed by taking note of order dated 26 June 2024 by
which the main Appeal itself was dismissed.


2)               Now alongwith the Application, copy of order dated 22 July
2026 is produced which indicates that the order dated 26 June 2024
dismissing the Appeal is recalled and the Appeal has been restored.

                                      Page No.1 of 2
                                   16 SEPTEMBER 2026
                          Renuka Thakur                                                20-IA-7277-2026.docx


                          3)              In view of the above position, order dated 25 February 2026
                          is recalled and the Writ Petition is restored, Interim Application is
                          accordingly disposed of.


                          4)              List the Writ Petition for admission on 18 September 2026.


                                                                               [SANDEEP V. MARNE, J.]




Signed by: Renuka S Thakur
                                                              Page No.2 of 2
Designation: PA To Honourable Judge                        16 SEPTEMBER 2026
Date: 17/09/2026 11:33:31

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