Disposed

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

Bombay HC8 Jan 2026IA/42/2026

Case brief

AI extract

What is this about?

Applicant sought recall of an order recording withdrawal of his appeal, stating the statement was made due to miscommunication. Unopposed by Respondent no.1, the court recalled and set aside the order and restored the appeal to file.

What did the court decide?

Order dated 11 December 2025 recalling/setting aside; Appeal From Order (St) No. 15754 of 2021 restored to the Court's file.

Mr. Allen Gerald Dsilva S/O. John Bapist… — Civil Procedure and Limitation | Bombay HC (2026)

¶1

5.IA/42/2026 Allen Vs. Grace

¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

¶3

INTERIM APPLICATION NO. 42 OF 2026 IN

¶4

APPEAL FROM ORDER (STAMP) NO. 15754 OF 2021

¶5

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 _______________________________________

¶6

Mr. M. B. Sirsat for Applicant.

¶7

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

¶8

¶9

CORAM : FARHAN P. DUBASH, J.

¶10

DATE : 18^th APRIL 2026

¶11

P. C.:

¶12

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Appellant that he had instructions to withdraw the Appeal and by accepting such statement, disposing of the Appeal as withdrawn.

¶13

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

¶14

Page 1 of 2 ------------------------------------Order dated 18^th April 2026

¶15

5.IA/42/2026 Allen Vs. Grace

¶16

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.

¶17

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. 15754 of 2021 is hereby restored to the file of this Court.

¶18

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

¶19

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”.

¶20

( FARHAN P. DUBASH, J. )

¶21

Ajay Jadhav

¶22

Page 2 of 2

¶23

------------------------------------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

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Mukesh Sukhdeo Bhalerao vs the State of Maharashtra through to Be Served through Govt. Pleader(O.S.) and 6 Ors.

Ramakant Ramlakhan Tiwari vs Slum Rehabilitation Authority and 7 Ors.

Neha Sawan Waghela vs Chief Executive Officer Sra

Ghaosia Tabassum Irshad Ahmad vs Mohammad Ayub Irshad Farooqui

A H Wadia Charity Trust Bombay vs Special Land Acquisition Officer -3 Office of the Collector

Allen Gerald Dsilva S/O Mr. John Baptist Dsilva vs Grace Augustine Pinto W/O Mr. Augustine Pinto and Ors.