Bombay High Court
YADULLA BABUSAB AND OTHERSversusSK.AHMADULLA KHAN SIDDI KHAJA MOINUDDIN DIED THR LRS SADIYA SULTANA SIDDI KHAJA DIED AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The writ petition was dismissed for want of prosecution due to the petitioner's failure to appear.
Summary
The petitioners filed a writ petition (No. 4543 of 1998) and a related civil application. The petitioners failed to appear at multiple scheduled hearings on 26 March, 29 June, and 13 July 2026, despite the court granting adjournments. The court noted the repeated non-appearance and, after a further request was made and still no petitioner appeared, ordered the petition to be disposed of for want of prosecution. Consequently, the writ petition was dismissed and any pending civil applications were also disposed of. No substantive merits of the petition were considered.
Issues considered
- What is the appropriate consequence when a petitioner repeatedly fails to appear for scheduled hearings?
Subjects
- writ petition
- dismissal
- want of prosecution
- court procedure
- non-appearance
Judgment
2026:BHC-AUG:42301
1 76-WP-4543-98.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 4543 OF 1998
WITH CIVIL APPLICATION NO. 13151 OF 2024 IN WP/4543/1998
YADULLA BABUSAB AND OTHERS
VERSUS
SK.AHMADULLA KHAN SIDDI KHAJA MOINUDDIN AND OTHERS.
…
Advocate for Respondent No.1-B: Mr. Umakant B. Deshmukh
AGP for Respondents No.7 and 8 : Mr. P. D. Patil
Advocate for Respondent No.9/1 to 5 : Mr. K. M. Nagarkar
…
CORAM : SACHIN S. DESHMUKH, J.
DATE : 15-09-2026
PER COURT:-
1. This Court, on 26.03.2026 and 29.06.2026, passed the
following orders;
“1. None present for petitioner. The learned counsel
for the respondent submits that even on last occasion
none was present for the petitioner.
2. Considering the same, list the matter for
dismissal on 22.04.2026.”
AND
“1. None present for the petitioners when the
matter was called in morning session. In afternoon
session also, when matter was called out, none
appeared.
2. List this petition on 13.07.2026 for dismissal.”
2. A subsequent request made on behalf of the petitioners was
acceded to on 13.07.2026, however, no one appeared for them
even today.
3. Consequently, the writ petition is disposed of for want of
prosecution. Rule stands discharged accordingly.
4. Pending civil applications, if any, stand disposed of
accordingly.
[SACHIN S. DESHMUKH, J.]
rrd
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