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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