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Bombay High Court

BALASAHEB KRISHNA MALIversusASST. REGISTRAR CO-OP. SOC. AND ORS

Disposal
Disposed Off

Holding

The writ petition is dismissed for want of prosecution, and any interim relief previously granted is vacated.

Summary

The petitioner, Balasaheb Krishna Mali, filed a writ petition but repeatedly failed to supply required copies of documents and did not appear for hearings despite multiple extensions. Notices to the respondents could not be issued, and the petition was already dismissed against two respondents. On the scheduled date, the petitioner again failed to appear, leading the court to conclude a lack of interest in prosecuting the petition. Consequently, the court dismissed the writ petition for want of prosecution and vacated any interim relief previously granted. The dismissal underscores the court's emphasis on procedural compliance and active prosecution of petitions.

Issues considered

  • What is the appropriate consequence when a petitioner fails to prosecute a writ petition by not appearing and not supplying required documents?

Subjects

  • procedural default
  • writ petition
  • dismissal for want of prosecution
  • interim relief vacated
  • civil appellate jurisdiction

Judgment

                                                                                    2-WP-1522-2020.doc




           Digitally               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
           signed by
           HUSENBASHA
HUSENBASHA RAHAMAN
                                           CIRCUIT BENCH AT KOLHAPUR
RAHAMAN    NADAF
NADAF      Date:
           2026.03.04
                                           CIVIL APPELLATE JURISDICTION
           16:34:50
           +0530                          WRIT PETITION NO.1522 OF 2020

                        Balasaheb Krishna Mali                                     ..Petitioner
                               Vs.
                        Asst. Registrar Co-Op. Society, Dist. Kolhapur & Ors.      ..Respondents

                                                            ***
                        None for the Petitioner.
                        None for the Respondents.
                                                            ***

                                                                CORAM : M.M. SATHAYE, J.
                                                                DATE     : 4th MARCH, 2026
                        P.C. :

                        1.       On 22.08.2025, after hearing learned counsel for the Petitioner,
                        notices were issued to the Respondents. Thereafter, Advocate for the
                        Petitioner did not supply copies, therefore, notices could not be
                        issued. On 01.10.2025 nobody appeared for the Petitioner, but time
                        to supply copies was extended and it was directed that if copies are
                        not supplied, the petition will stand dismissed against unserved
                        Respondents. On 10.12.2025 also, nobody appeared for the
                        Petitioner. On 24.02.2026 also nobody appeared for the Petitioner. It
                        was recorded that petition is already dismissed against Respondent
                        Nos.2 & 3 and petition was posted for dismissal today.

                        2.       Today the petition is listed for dismissal. In the morning session
                        nobody appeared when called out, therefore it was kept back. In
                        afternoon session also nobody appeared for the Petitioner when
                        called out. It appears that the petitioner is not interested.

                        Husen                                     1
                                                           2-WP-1522-2020.doc




3.      Writ Petition is accordingly dismissed for want of prosecution.
Ad-interim / interim relief, if any granted earlier, is vacated.


                                                (M.M. SATHAYE, J.)




Husen                                  2


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