Bombay High Court
VASANT EKNATH KARDILEversusTHE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The Court dismissed the writ petition as the petitioner’s advocate was absent without a reasonable ground.
Summary
Petitioner Vasant Eknath Kardile filed a writ petition before the Bombay High Court, Aurangabad Bench. The petitioner’s advocate, Ms. Suvarna M. Zaware, sought an adjournment on medical grounds, but the medical evidence was not clarified despite a prior request on 30.01.2026. When the matter was called again, Ms. Zaware was absent and no reasonable ground for further adjournment was presented. The Court, finding no justification for the delay, exercised its discretion to dismiss the petition. Consequently, the writ petition was dismissed.
Issues considered
- Whether a writ petition can be dismissed for the petitioner’s counsel’s non-appearance without a satisfactory medical justification
Subjects
- writ petition
- adjournment
- non-appearance
- dismissal
- procedural law
Judgment
2026:BHC-AUG:9252-DB
16-wp-1058-2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
16 WRIT PETITION NO.1058 OF 2026
Vasant Eknath Kardile
VERSUS
The State Of Maharashtra Through Its Secretary And Others
...
Ms. Suvarna M. Zaware, Advocate for the Petitioner (Absent)
Mr. V. M. Kagne, AGP for Respondents/State.
Mr. S. B. Pulkundwar, Advocate for Respondent Nos.2 and 3.
...
CORAM : SMT. VIBHA KANKANWADI &
HITEN S. VENEGAVKAR, JJ.
DATE : 04 MARCH 2026
ORDER :
. In the morning session, learned Advocate holding for learned
Advocate Ms. Zaware submitted that she seeks accommodation on the
medical ground of learned Advocate on record. In fact, similar statement
was made on 30.01.2026 and the medical ground was not clarified.
Therefore, we asked learned Advocate holding for learned Advocate
Ms. Zaware to get the clarification and the matter was kept back. When
the matter is again called out in the afternoon session, learned Advocate
holding for learned Advocate Ms. Zaware is absent. When no reasonable
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16-wp-1058-2026.odt
ground is coming forward for adjourning the matter, we have no option
but to dismiss the petition.
2. The writ petition stands dismissed.
[ HITEN S. VENEGAVKAR ] [ SMT. VIBHA KANKANWADI ]
JUDGE JUDGE
scm
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