Balasaheb Bapuji Kale And ORS. v. Nashik Municipal Corporation And ORS.

Digitally signed by RUPALI RAJESH WAKODIKAR Date:

2026.04.29 15:02:07 +0530 RUPALI RAJESH WAKODIKAR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3237 OF 2026 IN WRIT PETITION NO. 2632 OF 2006 Balasaheb Bapuji Kale & Ors.

...Applicants

Versus

The Nashik Municipal Corporation & Ors.

...Respondents

Mr. R.D.Soni a/w Mr. V.R.Kasla i/b Ram & Co. for the Applicants/Petitioners.

Mr. Vaibhav Patankar for the Respondent No.1. Smt. M.P.Thakur, A.G.P for the Respondent-State. CORAM : SARANG V. KOTWAL & SANDESH D. PATIL, JJ.

DATE : 28 th APRIL, 2026 P.C. :

1.

This is an application for restoration of Writ Petition No.2632 of 2006, which was dismissed for non-prosecution vide order dated 4th July, 2025. It is mentioned in the application that the 1/3

matter was missed by the applicant inadvertently as it was an old matter and therefore, the applicant was not aware of the order dated 27th June, 2025 and then the order dated 4th July, 2025 was passed dismissing the writ petition.

2.

Heard learned Counsel Mr. Soni for the Applicants, Mr. Vaibhav Patankar for the Respondent No.1 and learned A.G.P, Smt. M.P .Thakur for the State.

3.

Since the petition was pending for a number of years and since it was missed inadvertently, we allow this application with restoration of interim order. Hence, the following order :

ORDER

(i) Writ Petition No. 2632 of 2006 is restored to its original file. The matter be listed for further consideration on 9th July, 2026.

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(ii) In the meantime, as observed in the order dated 20th April, 2025, no third-party interest be created by either of the parties.

4.

Interim application is accordingly allowed and disposed of. SANDESH D. PATIL, J.

SARANG V. KOTWAL, J.

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