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Bombay High Court

RAJARAM MARUTI UMBARKAR SINCE DEC THR HIS LEGAL HEIRSversusSTATE OF MAHARASHTRA THR ITS HSG. AND DEVELOPMENT DEPT AND ORS

Decided
Disposal
Disposed Off

Holding

The Court restored the dismissed writ petition to its file, allowing the interim application.

Summary

The petitioners, legal heirs of Rajaram Maruti Umbarkar, had filed Writ Petition No. 14455 of 2022 which was dismissed on 07 September 2026 for non‑prosecution. They filed Interim Application No. 7508 of 2026 seeking restoration of the dismissed petition. The Court examined the interim application and noted that it was filed within the prescribed limitation period. Considering the interest of justice, the Court held that the petition merits restoration to the Court's file. Consequently, the interim application was allowed, the petition was restored, and no costs were awarded.

Issues considered

  • Whether a writ petition dismissed for non‑prosecution can be restored upon filing of an interim application within the limitation period
  • Whether the interest of justice warrants restoration of the petition despite its earlier dismissal

Subjects

  • writ petition
  • restoration
  • non‑prosecution
  • interim application
  • limitation period
  • civil appellate jurisdiction

Judgment

                                                                                         904-IA-7508-26 IN WP.DOC


 JYOTI
 RAJESH                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
 MANE                                  CIVIL APPELLATE JURISDICTION
Digitally signed
by JYOTI RAJESH
MANE
Date: 2026.09.29
11:00:27 +0530
                                      INTERIM APPLICATION NO. 7508 OF 2026
                                                         IN
                                            WRIT PETITION NO. 14455 OF 2022


                   Rajaram Maruti Umbarkar Since Dec
                   Thr His Legal Heirs                                          ...Applicants/Petitioners
                          Versus
                   State Of Maharashtra Thr Its Hsg. And
                   Development Dept And Ors                                     ...Respondent(s)
                                                       _______
                   Ms. Priya Mante, for Applicants.
                   Mr. Arjun Yadav a/w. Mr. Rishabh Shah i/b. Ms. Ravleen Sabharwal, for
                   Respondent No.7.
                                                          _______

                                                CORAM:          AARTI SATHE, J.

                                                  DATE:         24 SEPTEMBER 2026

                   P.C.

                   1.      By this interim application, the applicant/petitioner has prayed for
                   restoration of the writ petition, which came to be dismissed by the order dated 07
                   September 2026, for non-prosecution.

                   2.       I have perused the averments as made in the interim application. The

                   present Interim Application has been preferred within the prescribed period of

                   limitation. However, in the interest of justice, this Court is of the opinion that the

                   petition deserves to be restored to the file of this Court

                   3.      The interim application is allowed in terms of prayer clauses (a) and (b).

                   Disposed of. No costs.

                   4.     Let copy of the Petition be served on all the parties.



                                                       Page 1 of 2
                   Mane
                                                              904-IA-7508-26 IN WP.DOC



5.       Office objections, if any, be removed within a period of two weeks from

today.

                                          (AARTI SATHE, J.)




                                 Page 2 of 2
Mane


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