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Bombay High Court

RAMESH EKNATH PAWAR AND OTHERSversusTHE MUNICIPAL CORPORATION THROUGH ITS COMMISSIONER AURANGABAD AND ANOTHER

Disposal
DISPOSED OFF

Holding

The petition is dismissed for want of prosecution.

Summary

The petitioners filed a writ petition in 2017 challenging actions of the Municipal Corporation. No counsel appeared for the petitioners on the scheduled hearing dates of 22.01.2026 and 23.01.2026. The Court, noting the lapse of several years and the petitioners' failure to prosecute, granted them a final opportunity to appear on 23.01.2026. When the petitioners again failed to appear, the Court dismissed the petition for want of prosecution. The dismissal was entered without any substantive consideration of the merits of the petition.

Issues considered

  • What is the appropriate consequence when a petitioner fails to appear and prosecute a writ petition for an extended period?

Subjects

  • writ petition
  • dismissal
  • want of prosecution
  • municipal corporation
  • high court

Judgment

2026:BHC-AUG:2976
             Dilwale                                                1                       907-WP-10682-17.odt




                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                                907 WRIT PETITION NO. 10682 OF 2017
                               Ramesh Eknath Pawar And Others
                                           VERSUS
              The Municipal Corporation Through Its Commissioner Aurangabad And
                                           Another
                                                             ...


                                         CORAM              : SIDDHESHWAR S. THOMBRE, J.
                                         DATE               : 23.01.2026

             PER COURT :
             1.        On 22.01.2026, following order is passed:-

                         “1.     None appears for the Petitioners. The matter is of the year 2017.
                         2.      In view of the above and to grant one final opportunity to the
                         Petitioners, the matter is directed to be listed on 23.01.2026 under the caption
                         “For Dismissal”.”

             2.        Today also none appears for the petitioner. Hence, the petition is

             dismissed for want of prosecution.

                                                                   [ SIDDHESHWAR S. THOMBRE ]
                                                                             JUDGE


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