Bombay High Court

DATTA BHAU ZAMBARE (SINCE DECD.) THROUGH LRS. AND ORS.versusVIJAY RAMESHWAR VARMA AND ORS.

Decided: 28 January 2026
Disposal: Dissmiss For Default/Non-Prosecution
Bench: GAURI GODSE

Holding

The writ petition is dismissed in default due to the petitioners' failure to appear.

Summary

The petitioners filed a writ petition in the Bombay High Court but failed to appear before the court. No representation was made on their behalf. The court noted the non-appearance and dismissed the writ petition in default. No substantive merits of the petition were considered. The order was pronounced by Justice Gauri Godse on 28 January 2026.

Issues considered

What is the appropriate course of action when petitioners do not appear before the court in a writ petition?

Subjects

default judgment
writ petition
non-appearance
high court

Judgment

                                                                                 35-WP-162-2017.docx


                rrpillai           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           CIVIL APPELLATE JURISDICTION
                                           WRIT PETITION NO. 162 OF 2017


                              Datta Bhau Zambare                        …        Petitioners
                              (since decd) through LRS and Others
                                   Vs.
                              Vijay Rameshwar Varma and Others          …        Respondents


                              None for the Petitioners.


                                                      CORAM : GAURI GODSE, J.

                                                      DATE :       28th JANUARY 2026

                              ORDER :


                              1.    None appears for the petitioners.


                              2.    The writ petition is dismissed in default.




                                                                         [GAURI GODSE, J.]




           Digitally signed
           by
RAJESHWARI RAJESHWARI
           RAMESH
RAMESH     PILLAI
PILLAI     Date:
                                                             1/1
           2026.01.29
           20:24:16 +0530

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