Bombay High Court

BAPU B. MURADEversusBALWANT D. KHALKAR and ORS.

Decided: 13 January 2026
Disposal: Disposed Off
Bench: RAJESH S PATIL

Holding

The writ petition is dismissed for want of prosecution.

Summary

The writ petition filed in 1996 remained pending and could not be located in the Court's records. The Registry issued a notice on 29 September 2025, publishing a list of under‑search matters and requesting the advocates to confirm the status of the petition and provide a copy if it was still pending. No response was received from any counsel. When the matter was called before the Court, no petitioner appeared, leading the Court to presume that the petition had become infructuous or that the petitioner had lost interest. Consequently, the Court dismissed the writ petition for want of prosecution.

Issues considered

Whether a writ petition that remains unattended and unresponded to by the parties can be dismissed for want of prosecution

Subjects

writ petition
want of prosecution
dismissal
procedural law
civil appellate jurisdiction

Judgment

2026:BHC-AS:1420



                   Diksha Rane                                               117 WP 20131996.doc




                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CIVIL APPELLATE JURISDICTION

                                      117 WRIT PETITION NO. 2013/1996

                                              BAPU B. MURADE
                                                      VS
                                         BALWANT D. KHALKAR and ORS
                                                  ------------
                   None present.
                                                       ------------

                                                CORAM :           RAJESH S. PATIL, J.

                                                DATE      :       13 JANUARY 2026.

                   P.C. :

                   1)              This Writ Petition is of the year 1996.

                   2)              The Case Information System (CIS) Portal showed this

                   matter as pending. However, the Registry was not able to trace the

                   proceedings. Hence, via Notice dated 29 September, 2025, alongwith

                   list of all the under search matters, was published on the Official

                   Website of the Bombay High Court, requesting the respective

                   advocates to inform the Registry, whether the said matter is pending

                   or disposed and if the said matter is pending, then to provide the

                   photocopy of the Writ Petition to the Registry.

                   3)              As there was no response, the Registry has placed this

                   matter on the board today before me.


                                                              1
         Diksha Rane                                       117 WP 20131996.doc




         4)                None appears for the petitioner when the matter is

         called out. It is presumed that the Writ Petition has become

         infructuous or else the petitioner has lost interest to pursue the

         matter. Hence, the above Writ Petition stands dismissed for want of

         prosecution.

                                                              (Rajesh S. Patil, J.)




                                              2
Signed by: Diksha Rane
Designation: PS To Honourable Judge
Date: 14/01/2026 13:14:55

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