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Bombay High Court

DINSHAW SORABJEE GAE (DESD) LRS.versusJ.N. GAZDAR and ORS.

Decided
Disposal
Dismissed

Holding

A writ petition may be dismissed for want of prosecution when the petitioner fails to appear despite being called.

Summary

The petitioners, Diksha Rane and others, filed a writ petition arising from R.A.N. proceedings before the Small Causes Court. The petition was scheduled for hearing on 13 February 2026. The petitioners failed to appear at that hearing and had also not appeared on earlier occasions. The Court observed the repeated non‑appearance and noted that the petition could not be prosecuted further. Accordingly, the writ petition was dismissed for want of prosecution. The Court also ordered that any related civil and interim applications, if any, stand disposed of.

Issues considered

  • Whether the writ petition should be dismissed for want of prosecution due to the petitioner's failure to appear before the Court

Subjects

  • writ petition
  • non-appearance
  • want of prosecution
  • civil procedure
  • dismissal

Judgment

026:BHC-AS:2



               Diksha Rane                                              44 WP 1775 2002.doc




                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIVIL APPELLATE JURISDICTION

                                                41 WP/1775/2002
                                                     WITH
                                                 CAW/2215/2018
                                                       IN
                                                  WP/1775/2002

                               DINSHAW SORABJEE GAE DECD TH.L.H.and ORS.
                                                     VS
                                    Mr. Yazdi Desai (Chairman) and Ors.

                                                    WITH
                                                 CAW/755/2003
                                                      IN
                                                 WP/1775/2002

                                     DINSHAW SORABJEE GAE (DESD) LRS.
                                                       VS
                                         J.N. GAZDAR and ORS. ICHAL
                                                   ------------
                                                 None present.
                                                   ------------
                                               CORAM : RAJESH S. PATIL, J.

                                               DATE    :       13 FEBRUARY 2026.
               P.C. :

               1)            None appears for the petitioner, when the matter was called

               out for hearing.

               2)            From the roznama, it can be observed that even on the earlier

               occasions the petitioner has not appeared in the present proceedings.

               3)            This writ petition arises out of R.A.N. proceedings filed before

               the Court of the Small Causes.

                                                           1
         Diksha Rane                                                44 WP 1775 2002.doc




         4)            The present writ petition is dismissed for want of prosecution.

         5)            In sequel, the civil applications and interim applications, if any,

         also stand disposed of.

                                                                       (Rajesh S. Patil, J.)




                                                    2
Signed by: Diksha Rane
Designation: PS To Honourable Judge
Date: 27/02/2026 18:03:01


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