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Bombay High Court

STATE OF MAHARASHTRA AND ORS.versusPANDHARINATH TUKARAM PATHARE AND ORS.

Decided
Disposal
Disposed Off

Holding

Writ petitions are dismissed for default due to the petitioners' failure to appear.

Summary

The petitioners failed to appear before the Bombay High Court on multiple dates for a series of writ petitions and related civil applications. The respondents, represented by various advocates, were present and argued the case. The court noted that no petitioners were present on the previous date either. Consequently, the court dismissed all the writ petitions for default. It also ordered that any pending civil or interim applications taken out in these writ petitions be disposed of, and any interim orders vacated.

Issues considered

  • Does the non-appearance of petitioners justify dismissal of writ petitions for default?

Subjects

  • default judgment
  • writ petition dismissal
  • non-appearance
  • High Court of Bombay
  • civil appellate jurisdiction

Judgment

                                                                                                    3-WP-4119-1998+.doc
                                                                                                          Satish Vs. State



                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          CIVIL APPELLATE JURISDICTION
                                            WRIT PETITION NO. 4119 OF 1998

                      Satish Maruti Kusmade Adn & Ors.                                      ...Petitioners
                             V/s.
                      The State of Maharashtra & Ors.                                       ...Respondents
                                                                WITH
                                            WRIT PETITION NO. 2493 OF 1985
                                                                WITH
                                            WRIT PETITION NO. 4319 OF 1998
                                                                WITH
                                         CIVIL APPLICATION NO. 7340 OF 1998
                                                                WITH
                                         CIVIL APPLICATION NO. 2454 OF 1999
                                                                   IN
                                            WRIT PETITION NO. 4319 OF 1998
                                                                WITH
                                            WRIT PETITION NO. 4660 OF 1999
                                                                WITH
                                            WRIT PETITION NO. 610 OF 2000
                                                                WITH
                                            WRIT PETITION NO. 3574 OF 2000
                                                                WITH
                                            WRIT PETITION NO. 4389 OF 2000
                                                                WITH
                                            WRIT PETITION NO. 597 OF 2001
                                                                WITH
                                            WRIT PETITION NO. 4158 OF 2001
                                                                WITH
                                            WRIT PETITION NO. 4168 OF 2001
                                                                WITH
                                            WRIT PETITION NO. 5031 OF 2001
         Digitally
         signed by                                              WITH
         AMOL
AMOL     PREMNATH
PREMNATH JADHAV
JADHAV   Date:
         2026.07.15                                             Page 1 of 3
         15:07:59
         +0530                                      -------------------------------------
                                                      Order dated 10th July 2026
                                                                       3-WP-4119-1998+.doc
                                                                             Satish Vs. State


                        WRIT PETITION NO. 5189 OF 2001
                                           WITH
                        WRIT PETITION NO. 1424 OF 2002
                                           WITH
                        WRIT PETITION NO. 2099 OF 2002
                                           WITH
                      CIVIL APPLICATION NO. 111 OF 2008
                                              IN
                        WRIT PETITION NO. 2099 OF 2002
                                           WITH
                        WRIT PETITION NO. 4075 OF 2002


                                           WITH
                 ORDINARY ORIGINAL CIVIL JURISDICTION

                        WRIT PETITION NO. 1703 OF 2002
                                           WITH
                        WRIT PETITION NO. 2541 OF 2002
                                           WITH
                        WRIT PETITION NO. 665 OF 2003
                                           WITH
                        WRIT PETITION NO. 1352 OF 2004
                                           WITH
                        WRIT PETITION NO. 1364 OF 2004
                                           WITH
                        WRIT PETITION NO. 2384 OF 2005
                                           WITH
                        WRIT PETITION NO. 2683 OF 2005
                                           WITH
                        WRIT PETITION NO. 2689 OF 2005
                                           WITH
                      WRIT PETITION NO. 2785 OF 2005
                  _______________________________________
None for the Petitioners.

                                           Page 2 of 3
                               -------------------------------------
                                 Order dated 10th July 2026
                                                                                        3-WP-4119-1998+.doc
                                                                                              Satish Vs. State


Mr. Manish Upadhye, AGP, for Respondent No. 1-State in WP/2384/2005.
Mr. Suraj Gupte, AGP, for Respondent No. 1-State in WP/1364/2004.
Mr. Himanshu Takke, AGP, for Respondent Nos. 4 & 5-State in WP/1703/2002.
Mr. Ahsok D Shetty, with Ms. Rita Joshi, for Respondent Nos. 2 & 5 in
WP/2541/2002.
Ms. Yugandhara Khanvilkar, (through VC), AGP, for Respondent-State in
WP/665/2003.
Ms. Vaishali Nimbalkar, AGP, for the Respondent-State in WP/1424/2002 &
WP/4319/1998.
Ms. Kavita N. Solunke, Addl GP, with Mr. V. G. Badgujar, AGP, for the Respondent-
State in WP/2099/2002 & in WP/4158/2001.
Mr. V. G. Badgujar, AGP, for the Respondent-State in WP/4158/2001 &
WP/5031/2001.
Mr. P. P. Kakade, Addl GP, with Mr. V. G. Badgujar, AGP, for the Respondent-State.
Ms. Priyanka Chavan, AGP, for the Respondent-State in WP/2493/1985 &
WP/4660/1999.
Mr. P. P. Kakade, Addl GP, with Hamid Mulla, AGP, for the Respondent-State in
WP/4119/1998.
                _______________________________________

                                      CORAM : R.I. CHAGLA AND
                                              FARHAN P. DUBASH, JJ.

                                      DATE                 : 10th JULY 2026

P. C.:

1.       None for the Petitioners.

2.       On the previous date also none had appeared for the Petitioners. Accordingly,
         these Writ Petitions are dismissed for default.

3.       All pending Civil Applications/Interim Applications taken out in the present
         Writ Petitions, if any, also stand disposed of in terms of this order, and all
         interim orders passed therein, if any, shall stand vacated.




         ( FARHAN P. DUBASH, J. )                                            ( R.I. CHAGLA J. )
Amol
                                                 Page 3 of 3
                                     -------------------------------------
                                       Order dated 10th July 2026


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