Bombay High Court
ANIL GANJIDHAR PAWARversusPRASAD MADHAV VARTAK AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The order dismissing the writ petitions for want of prosecution is set aside and the writ petitions are restored.
Summary
The petitioner, a party‑in‑person, sought recall of a judgment dated 25 February 2026 that dismissed a series of writ petitions for want of prosecution, on the ground that his repeated absences were due to personal difficulties and not intentional. The court had previously noted his absence since January 2026 and, after a last‑chance hearing on 3 February 2026, concluded that he was disinterested in pursuing the matters. The petitioner explained that he missed the 6 January hearing for personal reasons, appeared virtually on 3 February, and was unaware of subsequent listings on 13, 18 and 25 February, which prevented his presence. Accepting these explanations, the bench found no deliberate neglect and deemed the dismissal improper. Consequently, the civil applications seeking restoration of the writ petitions were allowed, and the earlier dismissal order was set aside.
Issues considered
- What is the appropriate remedy when a petitioner’s absence from court is due to personal difficulty rather than intentional neglect?
- Should the order dismissing the writ petitions for want of prosecution be recalled?
Subjects
- writ petition
- want of prosecution
- recall of order
- civil application
- procedural default
- hardship
Judgment
1 72 to 84.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
72 CIVIL APPLICATION NO. 4558 OF 2026
IN WP/11441/2025
ANIL GANJIDHAR PAWAR
VERSUS
MADHUKAR SHUKLA SONAR DIED THR LRS USHA
MADHUKAR SONAR AND OTHERS
…
AND
73 CIVIL APPLICATION NO. 4559 OF 2026
IN WP/11566/2025
ANIL GANJIDHAR PAWAR
VERSUS
SUNIL ANKUSH JADHAV AND OTHERS
…
AND
74 CIVIL APPLICATION NO. 4560 OF 2026
IN WP/12675/2025
ANIL GANJIDHAR PAWAR
VERSUS
MADHAV VINAYAK KULKARNI AND OTHERS
…
AND
75 CIVIL APPLICATION NO. 4563 OF 2026
IN WP/11445/2025
ANIL GANJIDHAR PAWAR
VERSUS
PRASAD MADHAV VARTAK AND OTHERS
…
AND
76 CIVIL APPLICATION NO. 4564 OF 2026
IN WP/11565/2025
2 72 to 84.odt
ANIL GANJIDHAR PAWAR
VERSUS
PRAMOD KASHINATH WANKHEDE AND OTHERS
…
AND
77 CIVIL APPLICATION NO. 4565 OF 2026
IN WP/12672/2025
ANIL GANJIDHAR PAWAR
VERSUS
PRASHANT SATISH SHEWALE AND OTHERS
…
AND
78 CIVIL APPLICATION NO. 4566 OF 2026
IN WP/11577/2025
ANIL GANJIDHAR PAWAR
VERSUS
SANJAY YASHWANTRAO SAWANT AND OTHERS
…
AND
79 CIVIL APPLICATION NO. 4568 OF 2026
IN WP/12657/2025
ANIL GANJIDHAR PAWAR
VERSUS
PRASHANT SATISH SHEWALE AND OTHERS
…
AND
80 CIVIL APPLICATION NO. 4570 OF 2026
IN WP/11576/2025
ANIL GANJIDHAR PAWAR
VERSUS
NAGESH SHIVDAS SALVE AND OTHERS
…
3 72 to 84.odt
AND
81 CIVIL APPLICATION NO. 4571 OF 2026
IN WP/11447/2025
ANIL GANJIDHAR PAWAR
VERSUS
HEMRAJ GENDAJI MARATHE AND OTHERS
…
AND
82 CIVIL APPLICATION NO. 4572 OF 2026
IN WP/11412/2025
ANIL GANJIDHAR PAWAR
VERSUS
RAMCHANDRA BHIKA WANI DIED THR LRS KUSUMBAI
RAMCHANDRA VANI AND OTHERS
…
AND
83 CIVIL APPLICATION NO. 4573 OF 2026
IN WP/11411/2025
ANIL GANJIDHAR PAWAR
VERSUS
BHATU DAULAT PATIL LEGAL HEIRS PAVITRA BHATU PATIL
AND OTHERS
…
AND
84 CIVIL APPLICATION NO. 5229 OF 2026
IN WP/11572/2025
ANIL GANJIDHAR PAWAR
VERSUS
SANDEEP JAGANNATH PARDESHI AND OTHERS
...
Applicant : Party-in-person
…
CORAM : MANJUSHA DESHPANDE, J.
DATE : 31st AUGUST, 2026
4 72 to 84.odt
PER COURT :
1. The Petitioner is seeking recall of order passed by this Court
on 25.02.2026.
2. This Court while passing the order has observed that the
party-in-person was absent since January, 2026. The matters were posted
on 03.02.2026, by way of last chance. Thereafter, by observing that the
Petitioner was consistently absent before the Court when the matters
were listed, it is observed that the Petitioner does not seem to be
interested in prosecuting the matters. Hence, the Writ Petitions have been
dismissed for want of prosecution.
3. The Petitioner who appears in person has filed the present
Applications stating that he remained absent on 06.01.2026, due to his
personal difficulty. However, he was present through virtual mode on
03.02.2026. On 03.02.2026, the matters were directed to be kept on
13.02.2026.
4. It is stated that the matters did not appear on board on
13.02.2026, and was listed on 18.02.2026, of which the Applicant did not
have any knowledge. After that, he was not aware that the matters were
again kept on 25.02.2026. Thus, he could not remain present.
5. It is stated that he would face hardship and irreparable loss,
5 72 to 84.odt
if the Writ Petitions are not restored and his absence is not intentional.
Therefore, he has filed these Applications immediately.
6. On being satisfied with the reasons of absence stated in the
Applications, Civil Applications are allowed in terms of prayer clause
‘B’.
7. Civil Applications stand disposed of.
( MANJUSHA DESHPANDE, J. )
SPC
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