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Bombay High Court

NANA KASHINATH KULKARNI AND OTHERSversusKAILAS NANA KULKARNI AND ANOTHER

Disposal
DISPOSED OFF

Holding

The writ petition was dismissed for want of prosecution due to the petitioner's failure to appear.

Summary

The petitioners filed Writ Petition No. 10028 of 2013 in the Bombay High Court, Aurangabad Bench, seeking relief against the respondents. On 13 July 2026, the petition was listed for hearing but the petitioners' counsel was absent. The court noted the continued non-appearance of the petitioners' counsel on the scheduled date of 27 July 2026. Since no representation was made for the petitioners, the court proceeded to dismiss the petition. The dismissal was on the ground of want of prosecution, as the petitioners failed to pursue the matter.

Issues considered

  • What is the appropriate consequence when a petitioner's counsel fails to appear for a scheduled hearing?

Subjects

  • writ petition
  • dismissal
  • want of prosecution
  • civil procedure
  • court hearing

Judgment

2026:BHC-AUG:31130



                                                                    30 WP10028.2013
                                               -1-

                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               BENCH AT AURANGABAD

                             30 WRIT PETITION NO. 10028 OF 2013

                       NANA KASHINATH KULKARNI AND OTHERS
                                         VERSUS
                        KAILAS NANA KULKARNI AND ANOTHER
                                            ...
              AGP for Respondent/State: Mr. V. M. Jaware
                                            ...


                                          CORAM : SACHIN S. DESHMUKH, J.
                                             Date : 27.07.2026

              PER COURT :-

              1.         On 13.07.2026, recording absence of the learned

              counsel for the Petitioners the matter is listed for dismissal today.

              Even today, none present for the Petitioners.


              2.         As such, the Writ Petition stands dismissed for want of

              prosecution.




                                                     (SACHIN S. DESHMUKH, J.)

              marathe


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