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
Checking your session…