Bombay High Court
LATE DEVENDRA MOTILAL SHARMA DIED THR LRS REPRESENTATIVES SUNITA AND ANOTHERversusLATE SHEVANTABAI MADHAV JAGTAP DIED THR LRS KUSUM DIED LRS SAVITA AND ANOTHER
- Disposal
- DISPOSED OFF
- Bench
- ARUN R PEDNEKER
Holding
The court dismissed the writ petition and all pending applications for non‑prosecution due to the petitioner’s failure to appear.
Summary
The petitioner filed a writ petition (WP/373/1995) and related civil applications, but failed to appear at any of the multiple listed dates. The court noted the petitioner’s absence on 08/10/2025, 11/11/2025, 25/11/2025, 09/11/2025, and again on 18/02/2026. Despite being called in both morning and second sessions, no representative of the petitioner was present. Consequently, the court exercised its inherent power to dismiss the writ petition and all pending applications for non‑prosecution. No substantive merits of the petition were considered. The dismissal was ordered on 08 April 2026.
Issues considered
- Can a writ petition be dismissed for non‑prosecution when the petitioner fails to appear at any listed hearing?
Subjects
- writ petition
- non‑prosecution
- dismissal
- procedural default
- civil procedure
Judgment
2026:BHC-AUG:14941
IN THE JUDICATURE OF HIGH COURT AT BOMBAY
BENCH AT AURANGABAD
931 CIVIL APPLICATION NO. 9721 OF 2025
IN WP/373/1995
Late Devendra Motilal Sharma Died Thr Lrs Representatives Sunita And
Another
VERSUS
Late Shevantabai Madhav Jagtap Died Thr Lrs Kusum Died Lrs Savita And
Another
...
Advocate for Applicant : None Present
Advocate for Respondents in WP : Mr. V. R. Dhorde
...
WITH
WRIT PETITION NO. 373 OF 1995
WITH
CIVIL APPLICATION NO. 9722 OF 2025
IN WP/373/1995
...
CORAM : ARUN R. PEDNEKER, J.
Dated : April 08, 2026
PER COURT :
1. On 11/02/2026, this Court passed the following order :
"1. Perused the record.
2. This Petition was listed on 08/10/2025, 11/11/2025, 25/11/2025 and
thereafter on 09/11/2025. Despite the same, when the matter was called out
during morning session, none appeared on behalf of the petitioner. As such, it
was kept back and called in second session, no one appeared when the matter
was called.
3. In that view of the matter, list this Petition for dismissal on
18/02/2026."
2. Today also, none appears for the petitioner.
3. In view of the above, the Writ Petition and all pending applications
stand dismissed for non-prosecution.
( ARUN R. PEDNEKER, J. )
vj gawade/-.
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