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Bombay High Court

SMT. KIRAN BHAVISHYA TYAGIversusSMT. SUMITA SATISH TYAGI AND ORS

Decided
Disposal
Disposed Off

Holding

The writ petition is restored to the court's file despite the delay in filing the interim application.

Summary

The applicant, Smt. Kiran Bhavishya Tyagi, filed an interim application seeking restoration of her writ petition (Writ Petition No. 468 of 2022) which had been dismissed on 07 September 2026 for want of prosecution. The court noted a delay in filing the interim application and observed that the respondents opposed the relief. Despite the delay, the court, in the interest of justice, held that the petition merited restoration to the court's file. Consequently, the interim application was allowed in respect of the specified prayer clauses, and the petition was ordered to be served on all parties. The court directed that any office objections be removed within eight weeks and listed the writ petition for admission on 07 December 2026, with no costs awarded.

Issues considered

  • Whether a writ petition dismissed for want of prosecution can be restored despite a delay in filing an interim application.

Subjects

  • writ petition
  • restoration
  • want of prosecution
  • interim application
  • procedural law
  • civil appellate jurisdiction

Judgment

                                                                                            505-IA-7705-26.DOC


 JYOTI
 RAJESH                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
 MANE                                  CIVIL APPELLATE JURISDICTION
Digitally signed
by JYOTI
RAJESH MANE
Date: 2026.09.30
18:34:19 +0530                       INTERIM APPLICATION NO. 7705 OF 2026
                                                         IN
                                          Writ Petition NO. 468 OF 2022

                   Smt. Kiran Bhavishya Tyagi                                ...Applicant
                         Versus
                   Smt. Sumita Satish Tyagi And Ors                          ...Respondents
                                                     _______
                   Mr. Sarwadnya Kadtane a/w. Ms. Divya Dhumane, for Applicant.
                   Ms.Riya Patil i/b. Parinam Law Associates, for Respondent Nos. 1 and 2.
                   Ms. Himani Narula a/w. Mujtaba Ambekar i/b. A & P Partners, for
                   Respondent No.3.


                                                          _______

                                                CORAM:          AARTI SATHE, J.

                                                  DATE:         30 SEPTEMBER 2026

                   P.C.

                   1.      Not on board. Upon mentioning taken on board.


                   2.     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 want of prosecution.

                   3.          We have perused the averments as made in the interim application.

                   There is delay in filing this interim application. This Application is vehemently

                   opposed on behalf of both the Advocates for Respondent Nos. 1 to 3. However, in

                   the interest of justice, we are of the opinion that the petition deserves to be restored

                   to the file of this Court



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                                                                    505-IA-7705-26.DOC



4.        We, accordingly, allow the interim application in terms of prayer clauses
(b) and (c). Disposed of. No costs.

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

6.       Office objections, if any, be removed within a period of eight weeks from

today.

7.         List Writ Petition for Admission on 07 December 2026.




                                               (AARTI SATHE, J.)




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Mane


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