Single judge allowed an interim application seeking restoration of a dismissed Writ Petition based on believable grounds of non-prosecution, revived prior interim relief, and listed the main petition.
Interim Application allowed; prior dismissal order set aside; Writ Petition restored to original file; earlier interim relief revived.
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.
43.IA.18411.2023.doc
HARSHADA H. SAWANT (P.A.)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO.18411 OF 2023 IN
WRIT PETITION NO.8341 OF 2016
Annappa Maruti Zalake .. Applicant IN THE MATTER BETWEEN: Annappa Maruti Zalake Petitioner .. (Original Plaintiff)
Versus Ramu Balappa Bogarnal Respondent
.. (Original Defendant)
CORAM : MILIND N. JADHAV, J. DATE : JANUARY 12, 2024
P.C.:
1. Heard Mr. Bedekar, learned Advocate for Applicant / Petitioner.
2. Interim Application seeks restoration of Writ Petition No.8341 of 2016 which came to be dismissed by order dated 11.12.2023.
3. I have perused the order dated 11.12.2023 which is at Exhibit-A, page No.6 of the Interim Application as also grounds enumerated in paragraph Nos.4, 5 and 6 of the Interim Application.
4. The grounds stated for non-prosecution are completely believable in view of the Annexures to the Interim Application. Hence,
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43.IA.18411.2023.doc
the Interim Application stands allowed in terms of prayer clause (b) which reads thus:-
“b) This Hon’ble Court be pleased to set aside the order dated 11.12.2023 passed by this Hon’ble Court and the aforesaid Civil Writ Petition No. 8341 of 2016 be restored to its original file.”
5. In view of allowing the above Interim Application, interim
relief granted by order dated 18.07.2016 which is at Exhibit-C, page No.8 of the Interim Application shall stand revived / continued and restored. Copy of the Writ Petition be served on the Respondent by learned Advocate for the Applicant / Petitioner.
6. List the Writ Petition on 31st January, 2024 .
7. With the above directions, Interim Application is disposed.
H. H. SAWANT
[ MILIND N. JADHAV, J. ]
Digitally signed HARSHADA by HARSHADAHANUMANT HANUMANT SAWANT SAWANT Date: 2024.01.15 10:55:33 +0530
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1 issue framed by the court
Whether the interim application seeking restoration of the dismissed writ petition allowed on grounds of non-prosecution.
Annappa Maruti Zalake
Ramu Balappa Bogarnal
Milind N. Jadhav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
