Usha Ramchandra Sane Decd Thr Lhrs v. Leela Bhaskar Bhagwat Decd Thr Lhrs And ORS

13-IA-13757-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 13757 OF 2025 IN WRIT PETITION NO. 4705 OF 1998 Usha Ramchandra Sane (since deceased) through Legal Heirs.

...Applicant.

Versus

Leela Bhaskar Bhagwat (since deceased) through Legal Heirs and Ors.

...Respondents

WITH WRIT PETITION NO. 10155 OF 2017 (Not on board) Vidya Prakash Ranade (since deceased) through Legal Heirs.

...Petitioner

Versus

Vinay Ramchandra Sane and Ors.

...Respondents

**** Mr. S.S. Kantekar for the Applicant.

Mr. Drupad Patil for Respondent No.2(a) and 2(b). **** CORAM :

M.M. SATHAYE, J.

DATE :

19th JANUARY, 2026 P.C. :

1.

Heard learned Counsel for the parties.

2.

IA/13757/2025 is for restoration of Writ Petition, which was dismissed for want of prosecution on 23.01.2025. The application is filed on 16.04.2025 and as such, there is delay of about 53 days in filing the application. No reply is filed.

Sneha Chavan

13-IA-13757-2025.doc 3.

Mr. Patil appearing for the contesting Respondents submits that no restoration be permitted, unless the petition is to be placed for final disposal.

4.

Record indicates that a statement was made that the execution application will not be pressed by the contesting Respondents. 5.

Considering the averments in the paragraph Nos. 3, 4 and 5, sufficient cause is made out. Accordingly, IA/13757/2025 is allowed. Delay is condoned. The order dated 23.01.2025 is recalled. Writ Petition is restored to its file along with interim relief which was granted earlier.

6.

Considering the leave granted by the order dated 23.01.2025 in companion Writ Petition No. 10155 of 2017, the said companion Writ Petition No. 10155 of 2017 is also restored.

7.

Place both the writ petitions for final disposal on 12.02.2026 at 3.30 p.m.

(M.M. SATHAYE, J.) Sneha Chavan