Allowed¶24

The Executive Engineer (Works) Public Works Dept. Nagpur and Another v. Namdeo S/O Chindhuji Khadatkar

Bombay HC28 Jul 2025CAO/382/2025

Case brief

AI extract

What is this about?

Condonation of 98 days' delay in restoration application; recall of order dated 23.10.2024 dismissing writ petition for want of prosecution; writ petition restored on original number. Bombay High Court, Nagpur Bench, Prafulla S. Khubalkar, J., 11.08.2025; CAO 382/2025; Misc. Civil Application St. 4879/2025; WP 6110/2013; Executive Engineer (Work) PWD Zilla Parishad Nagpur v. Namdeo s/o. Chindhuji Khadatkar; dismissal in default due to counsel's absence; earlier counsel expired.

What did the court decide?

Delay of 98 days in filing the restoration application condoned; order dated 23.10.2024 dismissing the petition for want of prosecution recalled; writ petition restored on its original number. ¶24

The Executive Engineer (Works) Public Works Dept. Nagpur and Another vs Namdeo S/O Chindhuji Khadatkar — Bombay HC (2025) — LawSathi Research

¶1

4-cao382.25.odt 1/3

¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR .

¶3

CIVIL APPLICATION (CAO) No.382 OF 2025 IN

¶4

MISC. CIVIL APPLICATION ST. No.4879 of 2025 IN

¶5

WRIT PETITION No.6110 OF 2013

¶6

(Executive Engineer (Work) Public Work Department, Zilla Parishad, Nagpur and another Vs. Namdeo s/o. Chindhuji Khadatkar)

¶7

Office Notes, Office Memoramda of Coram,__________________________________________________________________________ appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders.

¶8

Mr. P.V. Bhoyar, Advocate for petitioners.

¶9

CORAM : PRAFULLA S. KHUBALKAR, J. DATE : 11th AUGUST, 2025.

¶10

This is an application for condonation of delay in filing restoration application.

¶11

Counsel for applicants submits that the petition was listed for final hearing and the counsel for petitioners was not able to remain present at the relevant time on account of his personal difficulty and the petition got dismissed. It is stated that the counsel who was earlier handling the matter had expired and thereafter the matter was allotted to the present counsel and in the process of filing of restoration application there is delay of 98 days. It is stated that the delay is

¶12

4-cao382.25.odt 2/3

¶13

unintentional and needs to be condoned so that the writ petition is restored and heard on merit.

¶14

Having regard to the contents of the application and submissions advanced, the application is allowed.

¶15

The delay of 98 days in filing restoration application is condoned.

¶16

The application is disposed of.

¶17

MISC. CIVIL APPLICATION ST. No.4879 of 2025.

¶18

This is an application for restoration of the writ petition.

¶19

Counsel for applicants submits that the writ petition was admitted and was listed for final hearing. However, the counsel who was attending the matter had failed to appear and writ petition got dismissed in default. Thereafter, the matter is entrusted to the new lawyer and the application is moved. The applicants submit that the petitioners desire to contest the petition on merit and, therefore, seeks restoration of the writ petition.

¶20

Having regard to the contents of the application and the submission advanced, the application is allowed.

¶21

The order dated 23.10.2024, by which the petition

¶22

4-cao382.25.odt 3/3

¶23

was dismissed for want of prosecution, is recalled.

¶24

The writ petition is restored on its original number.

¶25

The application is disposed of.

¶26

(PRAFULLA S. KHUBALKAR, J.)

¶27

Wadode

¶28

Signed by: Mr. Devendra Wadode Designation: PS To Honourable Judge Date: 18/08/2025 10:32:51

The Executive Engineer (Works) Public Works Dept. Nagpur and Another v. Namdeo S/O Chindhuji Khadatkar

Case brief

What is this about?

What did the court decide?

The Executive Engineer (Works) Public Works Dept. Nagpur and Another v. Namdeo S/O Chindhuji Khadatkar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Govinda S/O. Ganpat Bunde vs Sanjay S/O. Punaji Farkade and Another

Vijay S/O. Shankarrao Talewar vs Prafull S/O. Sadashiv Buty (Huf) Thr. Karta, Shrikrishna P. Buty

Sunil Motilalji Kalantri vs Sau. Nilima Sharadrao Gayki

Sanjivan Education Society through Its President Secretary Shri Ramdas Nathhuji Gajbhiye and Anr. vs Presiding Officer,School Tribunal Nagpur and Others

Sukhdeo S/O Sahadeo Shendre vs the State of Maharashtra, Thr. Secretary, Dept. of Revenue and Forest, Mumbai and Others

Kirti D/O. Rambhau Makwane After Marriage Sau. Kirti W/O. Rajesh Barad vs Rakesh S/O. Rambhau Makwane and Others