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Bombay High Court

MANJULA JAYANTILAL BHOIR AND ORSversusSHRI. BHAGWAN NAMDEV GAIKWAD AND ORS

Decided
Disposal
Disposed Off

Holding

The petition is dismissed for non‑prosecution due to the petitioner's failure to appear.

Summary

The petitioners failed to appear before the Court on multiple occasions, including the final hearing. The Court noted the absence of the petitioners and, consequently, dismissed the writ petition for non‑prosecution. No substantive merits of the case were examined. The dismissal was pronounced by Justice Amit Borkar. The order reflects the procedural requirement that a petition must be actively pursued by the petitioner.

Issues considered

  • Whether a writ petition may be dismissed for non‑prosecution when the petitioner fails to appear before the Court

Subjects

  • writ petition
  • non‑prosecution
  • dismissal
  • procedural default

Judgment

                                                                                      4-WP-6123-2016.doc


                              Vivekanand
                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
           Digitally signed
           by
                                               CIVIL APPELLATE JURISDICTION
           VIVEKANAND
VIVEKANAND RAJENDRA
RAJENDRA   BONDE

                                               WRIT PETITION NO. 6123 OF 2016
BONDE      Date:
           2026.09.21
           15:52:23 +0530

                                                           WITH
                                            INTERIM APPLICATION NO. 9856 OF 2022
                                                             IN
                                               WRIT PETITION NO. 6123 OF 2016
                                                           WITH
                                            INTERIM APPLICATION NO. 9863 OF 2022
                                                             IN
                                               WRIT PETITION NO. 6123 OF 2016
                                                           WITH
                                            INTERIM APPLICATION NO. 9868 OF 2022
                                                             IN
                                               WRIT PETITION NO. 6123 OF 2016

                              Jayantilal Tukaram Bhoir And Ors              … Petitioners
                                          V/s.
                              Bhagwan Namdev Gaikwad And Ors                … Respondents

                              None for the Petitioners.
                              Adv. Aloka Nandkani, AGP, for the Respondents.



                                                           CORAM      : AMIT BORKAR, J.

                                                           DATED      : SEPTEMBER 21, 2026
                              P.C.:

                              1.      Even on the last occasion, none appeared for the Petitioner.

                              2.      Today also, none appears for the Petitioner, Hence, the
                              Petition is dismissed for non-prosecution.


                                                                            (AMIT BORKAR, J.)




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