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Bombay High Court

DNYANESHWAR BAPURAO ALMAJIversusDILIP VEERBHADRA USTURGE AND OTHERS

Disposal
DISPOSED OFF

Holding

The petition is dismissed and the order of dismissal stands.

Summary

The petitioner, Dnyaneshwar Bapurao Almaji, filed a writ petition challenging the dismissal of his civil suit (RCS No.176 of 2015) for want of prosecution. The respondent, Dilip Veerbhadra Usturge and others, produced the order of dismissal from the Civil Judge Junior Division, Chakur. The petitioner sought relief to set aside the dismissal and continue the suit. The Court examined the petition and noted that the suit had been dismissed for procedural default. It held that the petition could not be entertained at this stage and disposed of it, while indicating that if the suit were restored, the petitioner could file a fresh application before the trial court. Consequently, the petition was dismissed without any order altering the lower court’s decision.

Issues considered

  • Whether the writ petition can be entertained to set aside the dismissal of the suit for want of prosecution

Subjects

  • writ petition
  • dismissal for want of prosecution
  • civil suit restoration
  • procedure
  • high court

Judgment

2026:BHC-AUG:23544

                                                                         927-WP-251-2022.doc




                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                 927 WRIT PETITION NO. 251 OF 2022

                                      Dnyaneshwar Bapurao Almaji
                                                VERSUS
                                  Dilip Veerbhadra Usturge And Others

                                                ...
          Mr. Abhijit Choudhari for the Petitioner.
          Mr. Satish Dhobale for Respondent Nos.1 to 3.
                                                ...


                                             CORAM :      SIDDHESHWAR S. THOMBRE, J.
                                             DATE :       12 JUNE 2026

          P. C.:

          1.        Mr. Dhobale, learned counsel for Respondent Nos.1 to 3 tenders an

          order passed by Civil Judge Jenior Division, Chakur in RCS No.176 of 2015

          by pointing out that the Suit is dismissed for want of prosecution.

          2.        In view of the above, the present Petition is disposed of.

          3.        It is made clear that in case the said Suit filed by the Petitioner is

          restored, the Petitioner is at liberty to file fresh application before the Trial

          Court for the same cause.



                                                    [SIDDHESHWAR S. THOMBRE, J.]




          Shubham                                                                  Page 1 of 1


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