Bombay High Court

B. N. GANGURDE (SINCE DECEASED THRU LRSversusURMILA MAHENDRA SHAH

Decided: 18 August 2026
Disposal: Disposed Off

Holding

The Court recalled the order dated 25 March 2026 and allowed the review petition because the petitioners were denied a fair opportunity to be heard.

Summary

In Review Petition No.60 of 2026 arising out of Writ Petition No.5990 of 2006, the respondents argued that the petitioners were unable to appear before the Court due to difficulties they faced. The Court noted that the earlier order dated 25 March 2026 had been passed without hearing the rival contentions of the parties on the merits. Considering the respondents' explanation of the impediment and the lack of a substantive hearing, the Court held that the earlier order was vitiated. Consequently, the review petition was allowed and the order of 25 March 2026 was recalled. The matter was directed to be placed before the appropriate Court for further orders and a final hearing. The decision restores the petitioners' right to be heard on the merits of the dispute.

Issues considered

Whether a review petition can be entertained when the petitioners were prevented from appearing before the Court.
Whether an order passed without considering the parties' rival contentions on the merits can be recalled.

Subjects

review petition
writ petition
procedural fairness
order recall
civil appellate jurisdiction
right to be heard

Judgment

                                                                                27-rpw-60-2026.doc


                      Shabnoor
                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CIVIL APPELLATE JURISDICTION

                                       REVIEW PETITION NO.60 OF 2026
                                                    IN
                                       WRIT PETITION NO.5990 OF 2006

SHABNOOR              B. N. Gangurde (Since Deceased)
AYUB                  Through Legal Heirs
PATHAN
Digitally signed by
                      Chandrakant Balwant Gangurde & Ors.              … Petitioners
SHABNOOR AYUB
PATHAN                           V/s.
Date: 2026.08.18
18:09:22 +0530        Urmila Mahendra Shah & Ors.                      … Respondents

                      Mr. Girish M. Joshi, for the Petitioner in RPW.
                      Mrs. V. V. Thorat, for Respondent in RPW & Original
                      Petitioner in WP.
                      Mr. Om Pote i/b Manisha Jagtap, for Respondent –
                      MHADA.


                                                   CORAM          : AMIT BORKAR, J.

                                                   DATED          : AUGUST 18, 2026
                      P.C.:

                      1.      The respondents in Writ Petition No. 5990 of 2006 filed the
                      present review petition mainly on the ground that the review
                      petitioners were prevented from appearing before this Court due
                      to the difficulty stated in the petition.

                      2.      Considering the reasons stated by the respondents, and also
                      considering that this Court had not considered the rival
                      contentions of the parties on the merits of the matter, therefore, in
                      my opinion, the order dated 25 March 2026 deserves to be
                      recalled.




                                                          1
                                                       27-rpw-60-2026.doc


3.     Accordingly, the petition is allowed in terms of prayer clause
(b).

4.     The petition shall be placed before the appropriate Court for
further orders and for final hearing.


                                             (AMIT BORKAR, J.)




                                  2

Continue reading with your account

Checking your session…