Bombay High Court
Veena Tulshiram Kokate And Others vs Yogesh Bhagwat Lokhande And Another on 23 March, 2026
20-wp-2965-2026.odt
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 2965 OF 2026
Veena Tulshiram Kokate And Others
VERSUS
Yogesh Bhagwat Lokhande And Another
...
Advocate for the Petitioners : Mr. Devakate Anant Ramahari
...
CORAM : S. G. CHAPALGAONKAR, J.
DATED : MARCH 23, 2026 PER COURT :-
1. Present petition takes exception to order dated 15.11.2025 passed by learned Civil Judge Junior Division, Paranda, whereby application under Section 151 of Civil Procedure Code for restoration of suit which was dismissed under provisions of Order IX Rule 5 of Civil Procedure Code, 1908 has been allowed.
2. The learned Civil Judge Junior Division relied upon Full Bench decision of this Court in case of Hariba Tatyaba More and Ors Vs. Dada Ekhatnath More and Ors reported in 2019 (6) Mh.L.J. 511 to hold that although alternate remedy is provided in case of dismissal of suit under Order IX Rule 5 to bring a fresh suit, powers under Section 151 of Civil Procedure Code are available to recall order of dismissal.
3. Mr. Devakate, learned advocate appearing for petitioners relying upon observations of Hon'ble Supreme Court in case of My Palace Mutually Aided Co-operative Society Vs. B. Mahesh and Others 20-wp-2965-2026.odt (2) reported in (2022) 19 SCC 806, contends that inherent powers conferred under Section 151 are held to be not available when alternate remedy exists.
4. In light of aforesaid two decisions, arguable question is raised for consideration in this petition.
5. Hence, issue notice to respondents, returnable on 20.04.2026.
6. Till returnable date, there shall be ad-interim relief in terms of prayer clause (D).
(S.G. CHAPALGAONKAR, J.) Mujaheed//