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Bombay High Court

HUSSAIN ADMJEE PEERBHOYversusTHE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY, REVENUE AND FOREST DEPT. AND ORS.

Decided
Disposal
Dissmiss For Default/Non-Prosecution

Holding

The writ petition was dismissed for non‑prosecution.

Summary

The petitioner, Ali Akbar Adamjee Peerbhoy, failed to appear when called for hearing in his writ petition against the State of Maharashtra. The Court dismissed the petition for non‑prosecution. Consequently, the interim application (No. 11443 of 2025) filed in the same proceedings was held to have no existence and was also disposed of. No substantive merits of the petition were considered. The dismissal was entered by a two‑judge bench of the Bombay High Court.

Issues considered

  • Whether the writ petition should be dismissed for non‑prosecution due to the petitioner's failure to appear

Subjects

  • dismissal
  • non‑prosecution
  • interim application
  • writ petition
  • Bombay High Court

Judgment

          Digitally
          signed by
          WAKLE
WAKLE     MANOJ
MANOJ     JANARDHAN     Manoj                                                 59-WP-3979-2016.doc
JANARDHAN Date:
          2026.02.09
          11:04:11
          +0530




                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           CIVIL APPELLATE JURISDICTION

                                           WRIT PETITION NO.3979 OF 2016


                       Ali Akbar Adamjee Peerbhoy                             …..Petitioner
                             Vs.
                       The State of Maharashtra
                       Through Its Principal Secretary,
                       Revenue and Forest Department & Ors.                   …..Respondents

                                                     WITH
                                      INTERIM APPLICATION NO.11443 OF 2025

                       Hussain Adamjee Peerbhoy                               …..Applicant
                       In the matter between :-
                       Ali Akbar Adamjee Peerbhoy                             …..Petitioner
                             Vs.
                       The State of Maharashtra
                       Through Its Principal Secretary,
                       Revenue and Forest Department & Ors.                   …..Respondents

                                    __________________________________________

                       None for the Petitioner.
                       Mr. Harshad Sathe a/w Mr. Shyamsundar Patil, Mr. Laukik Jadhav &
                       Mr. Yash Palan i/b. Leo Legal Attorneys for the Applicant in IA/11443/2025.
                       Mr. Subhash A. Nalavade, for the Respondent No.6 in WP/3979/2016 &
                       IA(ST)/2555/2022 and Applicant/Intervenor in IA/3606/2025 &
                       IA/3607/2025.
                       Smt. Sulbha D. Chipade, AGP for the Respondent-State.
                                     __________________________________________


                                                     CORAM :      A. S. GADKARI AND
                                                                  SHYAM C. CHANDAK, JJ.

                                                        DATE :    28th JANUARY, 2026.

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  Manoj                                                   59-WP-3979-2016.doc

P.C.:-

1)            None for Petitioner, when called out for hearing.

2)            Dismissed for non-prosecution.

3)            In view of dismissal of Petition, Interim Application No. 11443

of 2025 filed therein does not survive and is accordingly disposed off.



          (SHYAM C. CHANDAK, J.)                   (A.S. GADKARI, J.)




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