Bombay High Court

SATBA SATUPA PATIL (DECD) THROUGH LR SHRI. HARIBA SATBA PATILversusISHWARAPPA CHANABSAPPA HIDADUGI (DECD) THROUGH LRS AND ORS

Disposal: Dismissed
Bench: VRUSHALI V JOSHI

Holding

The writ petition is dismissed as the petitioner showed lack of interest, and the order of the Assistant Collector stands.

Summary

The petitioner, Hariba Satba Patil, filed a writ petition challenging the order of the Assistant Collector, Gadhinglaj, which rejected an application for condonation of delay in a tenancy appeal. The matter was first listed before the Principal Seat at Bombay on 12 October 2022, where the petitioner's counsel stated that the papers had been returned to the petitioner. Subsequent listing on 16 November 2022 saw no further progress, and the petitioner has taken no steps since 2016. The Court observed a clear lack of interest on the part of the petitioner in prosecuting the case. Consequently, the writ petition was dismissed, and any pending interlocutory applications were disposed of. The dismissal upholds the Assistant Collector's order due to the petitioner's abandonment of the proceedings.

Issues considered

Whether the order of the Assistant Collector rejecting the condonation of delay in a tenancy appeal can be set aside by a writ petition
Whether the petitioner's failure to pursue the matter amounts to abandonment warranting dismissal of the writ petition

Subjects

writ petition
condonation of delay
tenancy appeal
dismissal for want of prosecution
High Court

Judgment

                                                                        29 - WP - 2292 - 2016 (C).docx


                      VRJ
                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIRCUIT BENCH AT KOLHAPUR
                                       CIVIL APPELLATE JURISDICTION

                                       WRIT PETITION NO.2292 OF 2016

                      Satba Satupa Patil
VAIBHAV
RAMESH
JADHAV
                      Since Deceased Through His Legal Heir
Digitally signed by
VAIBHAV RAMESH
JADHAV
                      Hariba Satba Patil                             … Petitioner
Date: 2026.03.24
16:56:11 +0530
                                 V/s.
                      Ishwarappa Chanabsappa Hidadugi &
                      Ors.                                           … Respondents



                      None for the petitioner.



                                                 CORAM : MRS. VRUSHALI V. JOSHI, J.

                                                 DATED       : MARCH 24, 2026
                      P.C.:

                      1.      Upon perusal of the record, it appears that the matter was
                      listed before the Principal Seat at Bombay for the first time on
                      12th October 2022. On that date, learned counsel for the
                      petitioner made a statement that he had returned the papers to the
                      petitioner. Thereafter, the matter was listed on 16th November
                      2022, and since then it has not been listed.

                      2.      The petitioner has challenged the order passed by the
                      Assistant Collector, Gadhinglaj, rejecting the application for
                      condonation of delay in a tenancy appeal. It is evident that the
                      petitioner has not taken any steps since 2016 and the matter has
                      remained pending.




                                                         1
                                                29 - WP - 2292 - 2016 (C).docx


3.    In view of the above, and considering the prayers made in
the petition, as well as the apparent lack of interest on the part of
the petitioner in prosecuting the matter, the writ petition stands
dismissed.

4.    Pending interlocutory application(s), if any, stand disposed
of.


                                 (MRS. VRUSHALI V. JOSHI, J.)




                                  2

Continue reading with your account

Checking your session…