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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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