5-WP-10057-2026.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10057 OF 2026 Mohammad Wasim Shaikh ..Petitioner Versus Baban Keshav Churi and Ors …Respondents Mr. Adi Rusi J, with Jayesh R M, for the Petitioner. Smt. Savita Prabhune, AGP, for Respondent No.3. CORAM: N. J. JAMADAR, J. DATE : 9th OCTOBER 2026 P.C.: 1. Heard the learned Counsel for the parties. 2. The impugned order appears to have been passed under the provisions of Order IX Rule 9 of the Code of Civil Procedure, 1908 (“the Code”), whereby the learned Civil Judge has rejected the Application for restoration of the suit which was dismissed for default. 3. The impugned order is appealable under the provisions of Order XLIII Rule 1(c) of the Code. 4. The Writ Petition thus stands disposed with the liberty to the Petitioner to invoke the appellate remedy. ARS 1/2 ARUN RAMCHANDRA SANKPAL Digitally signed by ARUN RAMCHANDRA SANKPAL Date: 2026.10.12 11:20:04 +0530 5-WP-10057-2026.DOC 5. In the event the Appeal is filed and the question of limitation arises, the time spent by the Petitioner in prosecuting this Petition may be accounted for, under Section 14 of the Limitation Act. [N. J. JAMADAR, J.] ARS 2/2