Bombay High Court

MARIYAM BEE SK BABA MIYA THROUGH LRS SHAIKH SIKANDAR SK BABA MIYA AND OTHERSversusKANIFNATH DEVASTHAN KAWADGAON THROUGH ITS SECRETARY AND OTHERS

Disposal: DISPOSED OFF
Bench: SIDDHESHWAR SUNDARRAO THOMBRE

Holding

The petition is dismissed in default for want of prosecution.

Summary

The petitioners filed a writ petition in 2020 challenging the actions of the Kanifnath Devasthan. The petition remained unattended, with no petitioner appearing in both the morning and afternoon sessions on the hearing date. The court observed that the petition had been pending for several years without any prosecution. Consequently, the court concluded that the petitioners were not interested in pursuing the matter. The petition was therefore dismissed by default for want of prosecution.

Issues considered

What is the appropriate remedy when a writ petition remains unprosecuted for an extended period?

Subjects

default judgment
writ petition
want of prosecution
high court

Judgment

2026:BHC-AUG:440
                                                                     947-WP-2505-2020.odt


                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD


                                947 WRIT PETITION NO. 2505 OF 2020

                Mariyam Bee Sk Baba Miya Through Lrs Shaikh Sikandar Sk Baba
                                      Miya And Others
                                          VERSUS
               Kanifnath Devasthan Kawadgaon Through Its Secretary And Others
                                            …..

                                               …..


                                           CORAM : SIDDHESHWAR S. THOMBRE, J.
                                           DATE       : 08.01.2026


          PER COURT :

          1.       In the morning session, when the matter was called out, none

          appears for the Petitioner and, therefore, the matter was kept back. In

          the afternoon session also, when the matter was called out, nobody

          appears for the Petitioner.



          2.       This Petition is pending since 2020 and the same is not

          prosecuted. It seems that the Petitioner is not interested in prosecuting

          the matter. Hence, the Petition is dismissed in default for want of

          prosecution.




                                                  [SIDDHESHWAR S. THOMBRE, J.]
          Sameer/January-2026


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