Bombay High Court

DAMODHAR DEVRAO NEVHAL AND ANOTHERversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF
Bench: ABHAY MANTRI

Holding

A petition may be dismissed for want of prosecution when the petitioner fails to appear or prosecute the case.

Summary

The petitioners, Damodhar Devrao Nevhal and another, filed writ petition No. 12020 of 2021 before the Bombay High Court, Aurangabad Bench. The petition was listed for hearing on 6 August 2026. No representative of the petitioners appeared in the courtroom or via video conferencing when the matter was called. The court observed that the petitioners seemed uninterested in prosecuting the case. Consequently, the court dismissed the petition on the ground of want of prosecution. The dismissal was ordered without any further hearing.

Issues considered

Whether a writ petition may be dismissed for want of prosecution when the petitioner fails to appear before the court?

Subjects

writ petition
dismissal
want of prosecution
non-appearance
civil procedure

Judgment

                                      (1)                  910wp12020.21.odt




        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  BENCH AT AURANGABAD

                  910 WRIT PETITION NO. 12020 OF 2021
                    Damodhar Devrao Nevhal And Another
                                                                 ….Petitioners
                                    VERSUS

                      The State Of Maharashtra And Others
                                                              …..Respondents


Mr. K. F. Shingare, Advocate for the Respondent No.5
Mr. A. D. Kasliwal, Advocate for the Respondent No. 6

                                       CORAM : ABHAY J. MANTRI, J.
                                            DATE : 06th AUGUST, 2026


PER COURT :

1.               No one appears for the petitioner either in the court hall

or through VC mode when the matter is called. Perused the Record.

2.               It seems that the petitioner is not interested in prosecuting

the matter.

3.               Hence, the petition is dismissed for want of prosecution.



                                             [ABHAY J. MANTRI, J. ]
VishalK/910wp12020.21.odt




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