Bombay High Court

ASHOK KASHINATH KARPE AND ORS.versusSTATE OF MAHARASHTRA AND ORS.

Disposal: Disposed Off

Holding

The writ petition is dismissed for default.

Summary

The petitioners filed a writ petition in the Bombay High Court, Kolhapur Bench. They later withdrew their papers and gave a No Objection Certificate to appoint a new advocate, but failed to appear before the court. No counsel appeared on their behalf on the hearing date. The court observed that the petitioners had lost interest in prosecuting the matter. Consequently, the court dismissed the writ petition for default due to non‑appearance.

Issues considered

Whether a writ petition may be dismissed for default when the petitioners fail to appear and express loss of interest in prosecuting the case

Subjects

default judgment
non‑appearance
writ petition
civil appellate jurisdiction
no objection certificate

Judgment

                                                        11-WP-303-2019 (C).docx


         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      CIRCUIT BENCH AT KOLHAPUR
                      CIVIL APPELLATE JURISDICTION
                     WRIT PETITION NO. 303 OF 2019
Ashok Kashinath Karpe And Ors                                ...Petitioners
                VERSUS
State Of Maharashtra And Ors                              ...Respondents
                                ——————
Adv. Aarya Ambulkar i/b Ramdas Hake Patil, for the petitioners.
Mr. J.P. Patil, AGP, for the respondent nos. 1 to 4.
                                ——————

                                     Coram :      RAJESH S. PATIL &
                                                  ABHAY J. MANTRI, JJ.

                                     Date     :   SEPTEMBER 7, 2026.

P. C. :

1.        On the last occasion, none appeared on behalf of the

petitioners.

2.        Today, Mr. Ambulkar, holding for the learned Advocate on

Record for the petitioner, submits that the petitioner has taken back

the papers from his office in order to appoint another advocate and

that an NOC has also been given to the petitioner.

3.        None appears on behalf of the petitioners. It seem that the

petitioner has lost interest to prosecute this matter any further.

4.        The Writ Petition stands dismissed for default.



(ABHAY J. MANTRI, J.)                             (RAJESH S. PATIL, J.)



Rushi                                1 of 1

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