Bombay High Court
DR. RAJENDRA SHANKAR MAHAMUNIversusTHE PRINCIPAL, FERGUSSON COLLEGE, PUNE and ORS.
- Decided
- Disposal
- Disposed Off
Holding
The petition is dismissed for non‑prosecution and any interim relief stands vacated.
Summary
The petitioner filed a writ petition challenging an order of the School Tribunal, alleging that an interim relief prayer was rejected in 2001 and the matter remained pending. The petitioner's counsel died, and despite notices issued on 9 June 2026 and 21 September 2026, no representative appeared for the petitioner. The court gave a final opportunity on 28 September 2026, but again no appearance was made. Consequently, the court dismissed the petition for non‑prosecution and vacated any interim relief that might have been in force. The order was digitally signed and directed to be acted upon.
Issues considered
- Whether a writ petition can be dismissed for non‑prosecution when the petitioner fails to appear despite service of notice
- Whether any interim relief granted earlier should stand vacated upon dismissal
Subjects
- civil procedure
- dismissal for non‑prosecution
- interim relief
- writ petition
- non‑appearance
Judgment
1.as.wp.3571.2001.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
Digitally
signed by
VINA
VINA ARVIND
ARVIND KHADPE WRIT PETITION NO.3571 OF 2001
KHADPE Date:
2026.09.28
18:11:11
+0530
Dr. Rajendra Shakar Mahamuni … Petitioner
Versus
The Principal, Fergusson College, Pune and ors. … Respondents
***
None for Petitioner.
Smt. V. R. Raje, APP for Respondent-State.
***
CORAM : M.M. SATHAYE, J.
DATE : 28 SEPTEMBER, 2026
P.C. :
1. On 9.06.2026, the following order was passed:
“1. The petition is filed challenging the order of the School
Tribunal. Record indicates that the prayer for interim relief was
rejected by order dated 06.08.2001. In such circumstances, the
petition is pending from 2001. Nobody is appearing for the
Petitioner.
2. The Court is informed that the Advocate who appeared for the
Petitioner has passed away.
3. Issue notice to Petitioner, returnable on 21.07.2026. Notice to
indicate that if the Petitioner does not appear despite service,
appropriate ex-parte order will be passed.”
2. On 21.9.2026, the following order was passed:
“1. Notice issued to the Petitioner under recent order dated
09.06.2026, has been duly served according to the office
note.
2. None appears on behalf of the Petitioner.
3. Stand over to 28.09.2026 as a last opportunity to the
Petitioner to appear and to contest the matter. To be listed
'for dismissal'.”
Vina Khadpe 1
1.as.wp.3571.2001.doc
3. Today the matter is listed for dismissal. However, nobody is
appearing for the Petitioner. It seems that the Petitioner is not
interested in proceeding with the matter.
4. Hence, petition is dismissed for non-prosecution. Ad-interim /
interim relief, if any, stands vacated.
5. All concerned to act on duly authenticated or digitally signed
QR verifiable copy of this order.
(M.M. SATHAYE, J.)
Vina Khadpe 2
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