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Bombay High Court

JAIRAJ MAHARUDRAPPA UTAGEversusRAJESHWARI DHANANJAY UTAGE AND OTHERS

Disposal
DISPOSED OFF

Holding

The court held that an application may be dismissed for want of prosecution when the applicant fails to appear before the court.

Summary

Jairaj Maharudrapa Utage filed Civil Application No. 10138 of 2014 (WP/1483/2012) before the High Court of Judicature at Bombay, Aurangabad Bench, against Rajeshwari Dhananjay Utage and others. The matter was listed for hearing on 3 August 2026. The counsel representing the applicant was absent on the scheduled date. The court recorded the absence and posted the matter for dismissal. As the applicant failed to appear or prosecute the application, the court dismissed the civil application for want of prosecution.

Issues considered

  • Whether the civil application should be dismissed for want of prosecution due to the applicant's non‑appearance.

Subjects

  • civil procedure
  • dismissal
  • want of prosecution
  • non‑appearance
  • high court

Judgment

2026:BHC-AUG:37379
                                                 1                    61-CA-10138-14.odt




                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD


                              CIVIL APPLICATION NO. 10138 OF 2014
                                         IN WP/1483/2012

                                JAIRAJ MAHARUDRAPPA UTAGE
                                          VERSUS
                          RAJESHWARI DHANANJAY UTAGE AND OTHERS
                                            ...

                                          CORAM :        SACHIN S. DESHMUKH, J.
                                          DATE       :   17-08-2026
                PER COURT:-

                1.    Recording absence of the counsel for the applicant on

                03.08.2026, the matter was posted for dismissal.       Even today,

                nobody is present for the applicant. As such, the civil application

                stands dismissed for want of prosecution.




                                                 [SACHIN S. DESHMUKH]
                                                         JUDGE

                rrd


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