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Bombay High Court

MR. NARAHARI BHIMRAO HANDUR KULKARNIversusTHE STATE OF MAHARASHTRA AND ORS.

Decided
Disposal
Disposed Off

Holding

A writ petition is dismissed in default when the petitioner fails to appear for the scheduled hearing.

Summary

The petitioner, Mr. Narhari Bhimrao Handur Kulkarni, filed Writ Petition No. 3511 of 2017 in the Bombay High Court challenging actions of the State of Maharashtra and others. No counsel or representative appeared on the petitioner’s behalf on the scheduled hearing dates, including the most recent hearing on 5 March 2024. The Court noted the petitioner’s consistent non‑appearance despite previous notices. In accordance with procedural rules, the Court directed that the petition be listed for dismissal due to default. Consequently, the writ petition was dismissed in default for failure to appear.

Issues considered

  • What is the appropriate consequence when a petitioner fails to appear for hearing in a writ petition?

Subjects

  • writ petition
  • default dismissal
  • civil procedure
  • non‑appearance
  • Bombay High Court

Judgment

                                                                                 16.3511.17 wp.docx

      Iresh
                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                                 CIVIL APPELLATE JURISDICTION

                                                 WRIT PETITION NO. 3511 OF 2017

                            Mr. Narhari Bhimrao Handur Kulkarni                    .....Petitioner

                                      Vs.

                            The State of Maharashtra and Ors                       .....Respondents

                            None for the petitioner
                            Smt. Sulbha Chipde AGP for the State

                                                      CORAM : GAURI GODSE, J.

                                                      DATE :      5th MARCH 2024


                            P.C.

                            1.        None appears for the petitioner. Even on last occasion, none had

                            appeared for the petitioner. Hence, the petition was directed to be

                            listed today for dismissal.

                            2.        Even today, none appears for the petitioner. Writ petition is

                            dismissed in default.



                                                                          [GAURI GODSE, J.]
                                                                  1/1




Signed by: Iresh S. Mashal
Designation: PS To Honourable Judge
Date: 06/03/2024 12:37:56


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