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2026 DAILYLAW 12168 (BOM)

SHRIKANT GAJANAN BENI AND ORS v. PRABHAKAR YASHWANT KULKARNI AND ORS

IA/38645/2025 · 2026-09-24

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Judgment text

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1/2 8 IA 38645-25.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 38645 OF 2025 IN WRIT PETITION NO. 285 of 2012 Shrikant Gajanan Beni and ors .. Applicants Versus Prabhakar Yashwant Kulkarni and ors .. Respondents … Ms.Rishika Agarwal for the applicants. Mr.S.D. Vyas, Addl. G.P with Mr.M.S. Bane, AGP for State respondent no.1. CORAM : BHARATI DANGRE & ASHISH S. CHAVAN, JJ DATED : 24th SEPTEMBER, 2026 P.C:- 1 IA No.38645/2025 seeks restoration of the Writ Petition to its file for its determination on merits. It is contended by the learned counsel for the applicants that on 22/2/2024, an inadvertent statement was made before the Court that the grievance raised in the Writ Petition do not survive on account of the passage of time. 2 According to the learned counsel for the applicants, this was a sheer inadvertent error which according to her occurred because there are several other petitions of the petitioner which are pending and the instructions were assumed to be the one given in the present Writ Petition. Tilak MANALI PRASANNA TILAK Digitally signed by MANALI PRASANNA TILAK Date: 2026.09.29 13:53:28 +0530 2/2 8 IA 38645-25.doc Finding the reasons stated to be bonafide, we have no hesitancy in restoring the Writ Petition to its file as the petitioner never intended to withdraw the Writ Petition. However, we direct restoration of WP No.285/2012 to its file subject to deposit of costs of Rs.10,000/- with the Bharatratna Dr. Babasaheb Ambedkar Advocate Training and Research Centre, Taloja, Navi Mumbai. The details of the account are as under : Name : (BCMG's) Advocate Academy & Research Center, Account No. 000120110001327. Bank Name: Bank of India. Branch : Mumbai Main IFS Code : BKID0000001 Type of : Current Account. Let the costs to be deposited within a period of one week from today. List the Writ Petition for consideration on 13/10/2026 on Supplementary Board. Interim Application is made absolute. (ASHISH S. CHAVAN, J) (BHARATI DANGRE, J.) Tilak