An interim application seeking restoration of a dismissed writ petition was listed for dismissal on 12th July 2023. As the applicant failed to appear, the court dismissed the interim application without any substantive order on restoration.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO.18271 OF 2022
IN
WRIT PETITION (ST) NO.95607 OF 2020
SMT. FEREIDA MUKHTIAR BOMBAY WALA & ANR.)...APPLICANTS
V/s.
KHATIJA BEGUM ABDUL GAFFAR (deceased))
THROUGH LHRS AND OTHERS)...RESPONDENTS
None for the Applicants.
CORAM:ABHAY AHUJA, J.
DATE:12th JULY 2023
P.C. :
1. On 27th June 2023, the following order was passed :
“1. On 20th June, 2023 following order was passed:-
“ List on 27th June, 2023.”
2. Today again none appears for the interim
applicant/Petitioner. Remarks column in the cause list
indicates that the Writ Petition had been dismissed vide order
dated 18th January 2021. It is observed that the interim
application is for restoration of the dismissed Writ Petition.
However, since none appears, list the interim application for
dismissal on 12th July, 2023.”
2. Today the Interim Application is listed for dismissal. However,
none appears for the Interim Applicant. Accordingly the Interim
Application stands dismissed.
(ABHAY AHUJA, J.)
avk 1/1
2 issues framed by the court
Whether the interim application for restoration of a dismissed writ petition stands dismissed due to non-appearance of the applicant.
Whether a writ petition dismissed vide order dated 18th January 2021 can be restored without applicant's appearance.
SM. FEREIDA MUKHTAR BOMBAY WALA & ANR.
KHATIJA BEGUM ABDUL GAFFAR
ABHAY AHUJA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court