Bombay High Court
SHIVGANGABAI BAPURAO DHONDGE THROUGH LRS CHANDRAKANT BAPURAO DHONDGE AND OTHERversusKAUSHALYABAI DEVIDASRAO SHIRASKAR
- Disposal
- DISPOSED OFF
Holding
The petition is dismissed for want of prosecution because the petitioners failed to appear despite multiple opportunities.
Summary
The petitioners filed a writ petition in 2021 which remained pending for several years. On 14 January 2026, the court ordered the matter to be listed for dismissal, giving the petitioners another opportunity to appear. The petitioners failed to appear in both the morning and afternoon sessions on the scheduled date. The court again noted the petitioners' non-appearance on 17 January 2026. Consequently, the court dismissed the petition for want of prosecution. The dismissal reflects the court's procedural rule that a case may be dismissed when a party repeatedly fails to prosecute.
Issues considered
- Whether the petition should be dismissed for want of prosecution due to the petitioners' failure to appear before the court
Subjects
- writ petition
- dismissal
- want of prosecution
- procedural default
- non-appearance
Judgment
2026:BHC-AUG:1681
1 of 1 905-WP.12457.2021
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
905 WRIT PETITION NO. 12457 OF 2021
SHIVGANGABAI BAPURAO DHONDGE THROUGH LRS
CHANDRAKANT BAPURAO DHONDGE AND OTHER
VERSUS
KAUSHALYABAI DEVIDASRAO SHIRASKAR
...
None for the Petitioners.
...
CORAM : SIDDHESHWAR S. THOMBRE, J.
DATE : 17th JANUARY, 2026
P.C.:-
1. On 14.01.2026, following order is passed:-
“1. None appears for the Petitioners. Even during the
morning session, no one appeared for the Petitioners and,
therefore, the matter was kept back.
2. In the afternoon session, when the matter was called out,
again none appeared for the Petitioners.
3. Considering the fact that the matter is pending since 2021
and in order to give one more opportunity, the matter is directed
to be listed on 17.01.2026 under the caption “for dismissal”.”
2. Today also none appears for the Petitioners. Hence, the
petition is dismissed for want of prosecution.
(SIDDHESHWAR S. THOMBRE, J.)
Tauseef
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