Bombay High Court

SMITA ANUP BARBAREversusANUP GAJANAN BARBARE

Decided: 5 October 2026
Disposal: Disposed Off

Holding

The Registrar’s dismissal order is quashed and set aside, and the writ petition is restored to the petitioner.

Summary

The petitioner, Smita Anup Barbare, filed an interim application seeking restoration of her writ petition (Stamp) No. 8337 of 2026, which had been dismissed for failure to comply with an order dated 23 June 2026 issued by the Registrar (Judicial‑I). The petitioner argued that the dismissal was unjustified and that the Registrar’s order should be set aside. The Court, after hearing counsel Sagar Ambedkar on behalf of the petitioner, examined the reasons presented in the application. It concluded that the Registrar’s order was not sustainable and therefore quashed it. Consequently, the Court allowed the interim application, restored the petitioner’s right to file the writ petition, and directed removal of any office objections before the next hearing. The matter was listed for further hearing on 30 October 2026.

Issues considered

Whether the order of the Registrar (Judicial‑I) dismissing the writ petition for non‑compliance can be set aside.
Whether the petitioner is entitled to restoration of the writ petition and permission to file it afresh.

Subjects

restoration of writ petition
interim application
non‑compliance
registrar order
civil appellate jurisdiction
Bombay High Court

Judgment

                                                                               88-IA-7707-2026 (C).doc


     Shubhada S Kadam


                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CIVIL APPELLATE JURISDICTION

                                      INTERIM APPLICATION NO. 7707 OF 2026
                                                       IN
                                     WRIT PETITION (STAMP) NO. 8337 OF 2026

                      Smita Anup Barbare                                         ...Applicant/s
                                                                                   Petitioner/s
                      Versus
                      Anup Gajanan Barbare                             ...Respondent/s
                      _________________________________________________________________

                      Mr. Sagar Ambedkar i/b. Ms. Disha Nidre, Advocate for Applicant.
                      _________________________________________________________________

                                                           CORAM         :   SHIVKUMAR DIGE, J.
                                                           DATE          :   5th OCTOBER, 2026.
                      P.C. :

                      1.         Heard learned counsel for the applicant/petitioner.
                      2.         By this application, the applicant is seeking restoration of the
                      writ petition, which was dismissed for non-compliance of the order dated
SHUBHADA
SHANKAR               23rd June 2026 passed by Registrar (Judicial-I).
KADAM
                      3.          Considering the submissions of learned counsel applicant and
Digitally signed by
SHUBHADA
SHANKAR KADAM
Date: 2026.10.06
                      reasons mentioned in the application, the order dated 23rd        June      2026
18:32:17 +0530
                      passed by Registrar (Judicial-I) is quashed and set-aside.     The application
                      is allowed in terms of prayer clauses (a) and (b) and disposed of.
                      4.         The petitioner is restored to file. The petitioner shall remove
                      the office objections before the next date.
                      5.         List the petition on 30th October, 2026.


                                                                     (SHIVKUMAR DIGE, J.)




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Sagar Ambedkar