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Bombay High Court

AKBAR BASHIR PATHANversusTHE SUB REGISTRAR OF ASSURANCES-2, THANE -1 AND ORS

Decided
Disposal
Dissmiss For Default/Non-Prosecution

Holding

The petition is dismissed for non‑prosecution.

Summary

The petitioner filed a writ petition on 22 February 2021 but failed to appear for the hearing and did not take any steps to circulate the petition. The court noted the petitioner's lack of interest in pursuing the matter. Consequently, the judges dismissed the petition on the ground of non‑prosecution. No substantive arguments or evidence were presented. The dismissal was recorded by both judges.

Issues considered

  • Whether a writ petition can be dismissed for non‑prosecution when the petitioner fails to appear or act on the petition

Subjects

  • writ petition
  • non‑prosecution
  • dismissal
  • court procedure
  • petitioner's default

Judgment

                 ssm                                                     77-wp1093.2021.doc

                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                 CRIMINAL APPELLATE JURISDICTION

                                   WRIT PETITION NO. 1093 OF 2021

            Akbar Bashir Pathan                                    …..Petitioner

                     Vs.

            The Sub-Registrar Of
            Assurances-2, Thane-1 & Ors.                 …..Respondents
                             ____________________________________

            None for the Petitioner.
            Shri. Ajay Patil APP, for the Respondent-State.
                               ____________________________________

                                               CORAM :      A. S. GADKARI AND
                                                            KAMAL KHATA, JJ.
                                                 DATE :     29th AUGUST, 2026.

            P.C.:-

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

            2)             Record indicates that, since the date of filing of the Petition i.e.

            22nd February, 2021, neither the Petitioner nor his Advocate has taken any

            steps to circulate the Petition, even once.

            2.1)           It appears that, the Petitioner is not interested in pursuing the

            Petition.

            3)             Dismissed for non-prosecution.



                       (KAMAL KHATA, J.)                          (A.S. GADKARI, J.)


          Digitally signed
          by SANJIV
SANJIV    SHARNAPPA
SHARNAPPA MASHALKAR                                                                           1/1
MASHALKAR Date:
          2026.09.07
          17:01:07 +0530


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