Shri.Kishor Mohanlal Gathani(Shah)Throu. Legal Heirs vs Shri.Shantilal Balubhai Motiwale and Ors. — Bombay HC (2026) — LawSathi Research

Shri.Kishor Mohanlal Gathani(Shah)Throu. Legal Heirs vs Shri.Shantilal Balubhai Motiwale and Ors. — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Interim Application allowed in terms of prayer clause (a): order dated 23/1/2025 in Writ Petition No. 4916 of 2001 quashed and set aside and writ petition restored to the file to be heard on merits; petitioners directed to file a compilation of documents and short synopsis with propositions of law and authorities relied upon within eight weeks; matter to be listed under caption "For Final Hearing" on 15/6/2026.

Issue for consideration

Whether the interim application seeking restoration of Writ Petition No. 4916 of 2001, dismissed for non-prosecution by order dated 23/1/2025, ought to be allowed.

Court's answer

The interim application has been filed within the limitation period.

Ratio / Principle

None appeared for the respondents when the matter was called out for hearing, though they were duly served.

Key takeaways

The court is convinced that the interim application needs to be allowed and the matter to be heard on merits.ratio¶¶19
The order dated 23/1/2025 passed in Writ Petition No. 4916 of 2001 is quashed and set aside, and the writ petition is restored back to the file to be heard on merits.ratio¶¶22

Detailed headnote1 paragraphs

Bombay High Court (Rajesh S. Patil, J.), by order dated 23 March 2026, allowed Interim Application 63 IA/10213/2025 in Writ Petition No. 4916 of 2001 (Kishor Mohanlal Gathani (Shah) through legal heirs v. Shantilal Balubhai Motiwale and others) and restored the writ petition, which had been dismissed for non-prosecution by order dated 23/1/2025. The court recorded that the application was within limitation and that the respondents, though duly served by private notice and the Court's notice, did not appear when the matter was called out, nor had anyone appeared for them on the date of dismissal. The order dated 23/1/2025 was quashed and set aside; the petitioners were directed to file a compilation of documents and a short synopsis with their propositions of law and authorities within eight weeks; and the matter was directed to be listed under the caption "For Final Hearing" on 15/6/2026.

Diksha Rane 63 IA 10213 2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

63 IA/10213/2025 [Civil]

In

WP/4916/2001 SHRI.KISHOR MOHANLAL GATHANI(SHAH)THROU. LEGAL HEIRS VS SHRI.SHANTILAL BALUBHAI MOTIWALE and ORS.

Adv. Viraj Shelatkar a/w. Adv. Ganesh K. Gole for the applicant. None for the respondents.

CORAM : RAJESH S. PATIL, J.

DATE : 23 MARCH 2026.

P.C. :

1) This interim application has been filed seeking restoration of

the writ petition which was dismissed for non prosecution by an order dated 23/1/2025.

2) Mr. Shelatkar, learned counsel appearing for the

applicant/petitioner submits that the respondents have been duly served by private notice as well as by Court’s notice. He further submits that even on the date when the writ petition was dismissed, none appeared for the respondents.

3) I have heard learned counsel for the applicant/petitioner and I have gone through the contents of the interim application. The

1

Diksha Rane 63 IA 10213 2025.doc

interim application has been filed within the limitation period.

4) None appears for the respondents, when the matter is called out for hearing though they are duly served.

5) I am convinced that the interim application needs to be allowed and the matter to be heard on merits.

6) Interim Application stands allowed in terms of prayer clause

(a).

7) The order dated 23/1/2025 passed in Writ Petition No. 4916 of 2001 is quashed and set aside, and the writ petition is restored back to the file and to be heard on merits.

8) The petitioners are directed to file a compilation of documents, short synopsis along with their preposition of law and authorities relied upon by them within a period of eight weeks from today.

9) Let the matter come up on board under the caption “For Final Hearing” after eight weeks i.e. on 15/6/2026.

(Rajesh S. Patil, J.)

2

Signed by: Diksha Rane Designation: PS To Honourable Judge Date: 25/03/2026 12:53:21