Mohd. Jafar Shaikh Ismail v. Purbha Tulsa Alias Tulsiram Dhutde And Another

2026:BHC-AUG:9284 51 CA No.2496.2026 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 2496 OF 2026 IN WP/5563/2023 MOHD. JAFAR SHAIKH ISMAIL

VERSUS

PURBHA TULSA ALIAS TULSIRAM DHUTDE AND ANOTHER ...

Advocate for Applicant : Mr. Chaitanya C. Deshpande ...

CORAM : SIDDHESHWAR S. THOMBRE, J.

Date : 4th March, 2026 PER COURT :- 1.

By this application, the applicant seeks recall of the order dated 23.01.2026 passed by this Court in Writ Petition No. 5563 of 2023.

2.

The learned counsel for the applicant invited the attention of this Court to the observations in Paragraph 3 of the Order and the contentions raised in the Writ Petition. He further placed reliance on the Roznama on record, submitting that on 15.11.2022, both the Judgment Debtor (JD) and Decree Holder (DH) were present when the application to commit the JD to civil prison was filed. On the subsequent date i.e. on 13.12.2022, the JD accepted service of said

51 CA No.2496.2026 -2application. It is, therefore, submitted that an incorrect statement was previously made, resulting in an error apparent on the face of the record. On these grounds, the applicant seeks the recall of the Order passed by this Court.

3.

Having heard the learned counsel for the applicant and upon perusing the Order of this Court, particularly paragraph No. 3, which contains submissions advanced by the learned counsel for petitioners and the same does not constitute an error apparent on the face of the record warranting a recall of the Order. 4.

Consequently, as no sufficient grounds for recall have been established, the application stands rejected. (SIDDHESHWAR S. THOMBRE, J.) Omkar Joshi