Allowed¶22

Mr. Allen Gerald Dsilva S/O. John Bapist Dsilva v. Mrs.Grace Augustine Pinto W/O. Augustine Pinto and Others

Bombay HC8 Jan 2026IA/41/2026

Case brief

AI extract

What is this about?

recall of order withdrawing appeal; appeal disposed of as withdrawn; withdrawal statement caused by miscommunication; settlement terms intended to be placed on record; respondent no objection; appeal restored to file of Court; consent terms to be filed; Bombay High Court Civil Appellate; Interim Application No. 41 of 2026 in AFO (Stamp) No. 13507 of 2021; Allen Gerald D'Silva v Grace Augustine Pinto; Farhan P. Dubash; 18 April 2026.

What did the court decide?

Recall and setting aside of the order dated 11 December 2025; restoration of Appeal From Order (St) No. 13507 of 2021 to the file of this Court; Interim Application disposed of with no order as to costs; matter scheduled on 4th May 2026 for Settlement/Filing Consent Terms. ¶22

Mr. Allen Gerald Dsilva S/O. John Bapist Dsilva vs Mrs.Grace Augustine Pinto W/O. Augustine Pinto and Others — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the order dated 11 December 2025, by which the Appeal From Order (St) No. 13507 of 2021 was disposed of as withdrawn on a mistaken withdrawal statement arising from miscommunication, should be recalled and set aside and the Appeal restored.

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Ratio / Principle

With Respondent no. 1 raising no objection, the Court made the Interim Application absolute in terms of prayer clause 'a': the order dated 11 December 2025 was recalled/set aside and Appeal From Order (St) No. 13507 of 2021 was restored to the file of this Court.

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Key takeaways

Since both parties wished to file consent terms, the matter was placed on 4th May 2026 under the caption 'For Settlement/Filing Consent Terms'.obiter¶23

Detailed headnote1 paragraphs

Bombay High Court (Civil Appellate Jurisdiction), FARHAN P. DUBASH, J., order dated 18 April 2026 on Interim Application No. 41 of 2026 in Appeal From Order (Stamp) No. 13507 of 2021 (Allen Gerald D'Silva v. Grace Augustine Pinto & Ors.). The IA sought recall and setting aside of the Court's order dated 11 December 2025, by which the Appeal had been disposed of as withdrawn upon the Appellant's counsel stating that the Appellant had instructions to withdraw. Counsel (Mr. M. B. Sirsat) submitted that the statement arose from miscommunication — he had intended to place the settlement terms reached between the Applicant and Respondent no. 1 on the record — and apologised. Respondent no. 1's counsel (Mr. Siddharth Singh i/b Mr. A.M. Saraogi) raised no objection. Accordingly, the Court made the IA absolute in terms of prayer clause 'a': the order dated 11 December 2025 was recalled/set aside and the Appeal From Order (St) No. 13507 of 2021 was restored to the file of this Court. The IA was disposed of with no order as to costs, and, both parties wishing to file consent terms, the matter was placed on 4th May 2026 under the caption 'For Settlement/Filing Consent Terms'.

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4.IA/41/2026 Allen Vs. Grace

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AMOL PREMNATH JADHAV

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Digitally signed by AMOL PREMNATH JADHAV Date: 2026.04.23 10:22:44 +0530

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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INTERIM APPLICATION NO. 41 OF 2026

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APPEAL FROM ORDER (STAMP) NO. 13507 OF 2021

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Mr. Allen Gerald D’Silva S/o. John Bapist D’Silva .. Applicant/Appellant V/s. Mrs.Grace Augustine Pinto W/o. Augustine Pinto & Ors. .. Respondents

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Mr. M. B. Sirsat for Applicant.

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Mr. Siddharth Singh i/b. Mr. A.M. Saraogi for Respondent no. 1.

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CORAM : FARHAN P. DUBASH, J.

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DATE : 18^th APRIL 2026

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P. C.:

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The present Interim Application seeks recall and setting aside of an order dated 11^th December 2025 passed by this Court, recording the statement of the Appellant that he had instructions to withdraw the Appeal and by accepting such statement, disposing of the Appeal as withdrawn.

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Mr. Sirsat, learned Counsel who appears on behalf of the Applicant, states that the statement that was made on 11^th December 2025 and on the basis of which the said order came to be passed was on account of miscommunication from the Applicant, who instead intended to place the settlement terms that were arrived at between the Applicant and Respondent

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Page 1 of 2

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------------------------------------Order dated 18^th April 2026

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4.IA/41/2026 Allen Vs. Grace

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no. 1 on the record. Mr. Sirsat, therefore apologizes for this mistake and seeks recall and setting aside of the order dated 11^th December 2025.

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Mr. Siddharth Singh, learned Counsel who appears on behalf of Respondent no. 1, has no objection if the reliefs sought in this Interim Application are granted. Accordingly, the present Interim Application is made absolute in terms of the prayer clause –‘a’ and the order dated 11^th December 2025 is hereby recalled/set aside and the Appeal From Order (St) no. 13507 of 2021 is hereby restored to the file of this Court.

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The present Interim Application is disposed of in terms of the above order with no order as to costs.

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Both parties state that they wish to file consent terms in the matter. Accordingly, place the matter on 4^th May 2026 under the caption “For Settlement/Filing Consent Terms”.

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( FARHAN P. DUBASH, J. )

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Ajay Jadhav

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Page 2 of 2

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------------------------------------Order dated 18^th April 2026

Mr. Allen Gerald Dsilva S/O. John Bapist Dsilva v. Mrs.Grace Augustine Pinto W/O. Augustine Pinto and Others

Case brief

What is this about?

What did the court decide?

Mr. Allen Gerald Dsilva S/O. John Bapist Dsilva v. Mrs.Grace Augustine Pinto W/O. Augustine Pinto and Others

Case brief

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What did the court decide?

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What the court decided

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Mr. Allen Gerald Dsilva S/O. John Bapist Dsilva vs Mrs.Grace Augustine Pinto W/O. Augustine Pinto and Others