1 918.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 11707 OF 2026 IN WP/1400/2026 UTTAM SAKHARAM PAWAR VERSUS SACHIN GOVIND RATHOD AND OTHERS … Advocate for Applicant : Mr. Anudeep Mhaske h/f. Mr. Dr. R.J. Godbole AGP for Respondent Nos. 10 & 11 : Mr. K.S. Patil Advocate for Respondent Nos. 1, 4 & 8 : Mr. A.N. Janakwade Advocate for Respondent No. 3 : Mr. S.R. Varma … CORAM : MANJUSHA DESHPANDE, J. DATE : 08TH OCTOBER, 2026 PER COURT : 1. The Applicant has filed this present Application with a prayer to recall the order passed by this Court on 08.06.2026. 2. A conditional order has been passed by this Court directing the Petitioner to take steps within a period of four weeks from the date of the order, failing which, the Petition would stand dismissed without further reference to this Court. 3. According to the Applicant, he could not take steps within the stipulated period against the Respondents whose service was incomplete. It is submitted that because of bona fide failure and 2026:BHC-AUG:48715 2 918.odt inadvertence, the Applicant could not take the procedural steps within the stipulated period as per the order passed by this Court. Therefore, the Writ petition was dismissed in default. 4. It is submitted that the failure to take steps is neither deliberate nor intentional and it is not the intention of the Applicant to avoid the proceedings. In view thereof, the Writ Petition needs to be restored as it would cause prejudice to the Petitioner if such order is not passed. The Applicant also undertakes to take complete the service upon the concerned Respondents by taking appropriate steps. 5. In view of the submission made by the learned Advocate for the Petitioner, the Civil Application is allowed in terms of prayer clause ‘B’ to ‘D’. 6. The Applicant is also allowed to delete the name of Respondent no. 2, who according to the Applicant has already expired. 7. Civil Application stands disposed of. ( MANJUSHA DESHPANDE, J. ) SPC