Bombay High Court
SMT. VAISHALI DEEPAK MIRAJKARversusSTATE OF MAHARASHTRA (AGP OFFICE) AND ORS
- Decided
- Disposal
- Dismissed
Holding
The dismissal order for want of prosecution was recalled, and the petition was stood over for hearing on a later date.
Summary
The petitioner, Smt. Vaishali Deepak Mirajkar, filed a writ petition which was initially dismissed for want of prosecution as she appeared disinterested in pursuing the case. Subsequently, counsel for the petitioner apologized for his absence and requested that the dismissal order be recalled. The Court recalled the earlier dismissal and ordered the matter to stand over for further hearing on 30th November 2026. The respondent State sought time to take instructions, which the Court granted. The Court also directed that any interim relief previously granted continue until the adjourned hearing date and that a reply affidavit, if any, be filed and served before that date.
Issues considered
- What procedural steps are required to recall a dismissal order for want of prosecution in a writ petition?
Subjects
- writ petition
- dismissal for want of prosecution
- recall of order
- adjournment
- interim relief
Judgment
10.WP.4915.2022.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.4915 OF 2022
Smt.Vaishali Deepak Mirajkar Petitioner
versus
The State of Maharashtra and others Respondents
_______
Mr.V.S.Tadke for Petitioner.
Ms.Vaishali Nimbalkar, AGP, for Respondent-State.
_______
CORAM : AARTI SATHE, J.
DATE : 28th September 2026
P.C.
1. None for the Petitioner. It appears that the Petitioner is not interested
in prosecuting the petition. The Writ Petition is dismissed for want of prosecution.
LATER ON :
2. Learned counsel for the Petitioner appears and tenders apology for his
absence. He seeks recall of the dismissal order. The order of dismissal passed earlier
stands recalled.
3. Learned AGP seeks time to take instructions. At her request, stand
over to 30th November 2026.
4. Interim relief granted earlier, if any, to continue till the adjourned date
of hearing. Reply affidavit, if any, be filed before the adjourned date of hearing and
served on the Petitioner.
Digitally signed by (AARTI SATHE, J.)
MANISH MANISH
SURESHRAO
SURESHRAO THATTE
THATTE Date: 2026.09.28
14:47:46 +0530
M.S.Thatte
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