Bombay High Court
SHARDA CHANDRAKANT JAGTAP ALIAS SHARADA PRAKASH KAMBLEversusCHANDRAKANT POPAT JAGTAP
- Decided
- Disposal
- Disposed Off
Holding
The order dismissing the petition for non‑prosecution was quashed and the petition was restored to the Family Court.
Summary
The petitioners Sharda Chandrakant Jagtap and Vaishali Anil Kamble filed a writ petition before the Bombay High Court seeking restoration of their earlier family court petition (E‑277 of 2022) which had been dismissed for non‑prosecution. The High Court examined the submissions made by the parties and considered whether the dismissal order could be set aside. Finding merit in the petitioners' contentions, the Court quashed the family court’s dismissal order dated 16‑09‑2024. Consequently, the earlier petition was restored to the family court’s file. The writ petition was thereafter disposed. The decision underscores the Court’s power to revive dismissed family matters where procedural lapses are remedied.
Issues considered
- Whether the order of dismissal for non‑prosecution passed by the Family Court can be set aside and the petition restored?
Subjects
- Family Law
- Restoration of Petition
- Non‑prosecution
- High Court
- Writ Petition
Judgment
100-WP-13114-2025 (C).doc
Tikam
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 13114 OF 2025
Sharda Chandrakant Jagtap Alias Sharada
VAISHALI
ANIL Prakash Kamble ...Petitioner/s
TIKAM VERSUS
Digitally signed
Chandrakant Popat Jagtap ...Respondent/s
by VAISHALI
ANIL TIKAM
Date:
2026.10.08 _________________________________________________________________
19:24:11 +0530
Mr. Jeetendra Ranawat, for the Petitioner.
_________________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 1st OCTOBER 2026.
P.C. :
1. Heard learned counsel for the Petitioner and Respondent.
2. By this Petition, the Petitioner is seeking to restore the petition
being Petition No. E-277 of 2022, which is dismissed by Family Court for
non-prosecution.
3. Considering the submissions and reasons mentioned in the
petition, the order passed by the Learned Family Court dated 16/09/2024
below Exhibit -1 is quashed and set aside and Petition No. E-277 of 2022
is restored to file of Family Court.
4. Petition is disposed of accordingly.
(SHIVKUMAR DIGE, J.)
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