Bombay High Court

SARITA PRADEEP SIDHAYEversusSHIVAJIRAO HARISHCHANDRA SHINDE SINCE DECD THROU. L.H

Decided: 6 August 2026
Disposal: Dismissed
Bench: ARUN R PEDNEKER

Holding

The order dated 10 February 2025 is quashed and the application is restored to the trial court for a reasoned order.

Summary

Bhalchandra Gopal filed a writ petition challenging an order dated 10 February 2025 passed by the trial court. The petitioner contended that the order was issued without any reasons, violating principles of natural justice. The High Court examined the procedural deficiency and held that an order bereft of reasons cannot stand. Consequently, the Court quashed the impugned order and directed that the application be restored to the trial court for a reasoned decision. All contentions of the parties were left open, and the writ petition was disposed.

Issues considered

Whether an order passed by a trial court without reasons is valid.
Whether the appellate court can quash such an order and restore the application to the trial court.

Subjects

Writ petition
Reasoned order
Quash
Restoration
Procedural fairness

Judgment

                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          CIVIL APPELLATE JURISDICTION

                                             WRIT PETITION NO.8783 OF 2025


BHALCHANDRA
GOPAL                 Sarita Pradeep Sidhaye                    .. Petitioner
DUSANE
                                   Vs.
Digitally signed by
BHALCHANDRA
GOPAL DUSANE
                      Shivajirao Harishchandra Shinde           .. Respondents
Date: 2026.08.10
20:07:26 +0530        (since deceased) through Legal
                      Heirs

                      Mr. Yogesh Patil, for Petitioner.
                      Mr. Manish Kelkar a/w Ms. Gauri Phadke for Respondents.

                                                         CORAM : ARUN R. PEDNEKER, J.
                                                         DATE   : 6th August 2026

                      P.C. :
                      1.       Heard learned Counsel for the parties.

                      2.       The impugned Order dated 10th February 2025 passed below Exhibit-

                      78 by the learned trial Court is bereft of reasons. Without getting into the

                      merits of the matter, this Court deem it appropriate to quash the order dated

                      10th February 2025 and restore the application at Exhibit-78 to the file of the

                      learned trial Court.

                      3.       The learned trial Court to pass a reasoned order.

                      4.       All contentions of the parties are left open.

                      5.       The Writ Petition is disposed of.

                                                                           [ ARUN R. PEDNEKER, J. ]

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                      30 WP 8783.2025.doc                                                   Dusane

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