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

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

What the court decided

AI extract

Outcome

Recall and setting aside of the order dated 11th December 2025; restoration of Appeal From Order No. 187 of 2021 to the file of the Court; Interim Application disposed of with no order as to costs; matter listed for 4th May 2026 under the caption “For Settlement/Filing Consent Terms”.

Issue for consideration

Whether the order dated 11th December 2025, which disposed of the Appeal as withdrawn on the strength of the Appellant's recorded statement, should be recalled and set aside and the Appeal restored.

Court's answer

The Interim Application was made absolute in terms of prayer clause (a).

Ratio / Principle

The order dated 11th December 2025 was recalled/set aside and Appeal From Order No. 187 of 2021 was restored to the file of this Court.

Key takeaways

As both parties wished to file consent terms, the matter was placed on 4th May 2026 under the caption “For Settlement/Filing Consent Terms”.obiter¶21

Detailed headnote1 paragraphs

Bombay High Court, Civil Appellate Jurisdiction (Farhan P. Dubash, J.), 18th April 2026 — Interim Application No. 43 of 2026 in Appeal From Order No. 187 of 2021 (Allen Gerald D’Silva v. Grace Augustine Pinto & Ors.). The Applicant sought recall of the order dated 11th December 2025 by which the Court, having recorded his statement that he had instructions to withdraw the Appeal, had disposed of the Appeal as withdrawn. His counsel explained that the statement resulted from miscommunication — the Applicant had instead intended to place on record settlement terms arrived at with Respondent no. 1 — and apologised for the mistake. Respondent no. 1 raised no objection. The Court made the Interim Application absolute in terms of prayer clause (a), recalled and set aside the order of 11th December 2025, restored Appeal From Order No. 187 of 2021 to its file, and disposed of the application with no order as to costs. Both parties stated they wished to file consent terms; the matter was placed on 4th May 2026 under the caption “For Settlement/Filing Consent Terms”.

6.IA/43/2026 Allen Vs. Grace

AMOL PREMNATH JADHAV

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

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

INTERIM APPLICATION NO. 43 OF 2026 IN APPEAL FROM ORDER NO. 187 OF 2021

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

Mr. M. B. Sirsat for Applicant.

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

CORAM : FARHAN P. DUBASH, J.

DATE : 18^th APRIL 2026

P. C.:

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.

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

6.IA/43/2026 Allen Vs. Grace

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.

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 recall/set aside and the Appeal From Order no. 187 of 2021 is hereby restored to the file of this Court.

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

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”.

( FARHAN P. DUBASH, J. )

Ajay Jadhav

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