Bombay High Court
GOVIND GANGAPTRAO GANAPURE AND ANOTHERversusGANPAT PANDURANGRAO GANAPURE AND ANOTHER
- Disposal
- DISPOSED OFF
Holding
The writ petition is dismissed in default for want of prosecution due to the petitioners' failure to appear.
Summary
The petitioners, Govind Gangaptrao Ganapure and another, filed a writ petition before the Bombay High Court, Aurangabad Bench. No counsel appeared on behalf of the petitioners on the scheduled hearing dates of 06.01.2026 and 08.01.2026, despite the court granting an additional opportunity in the afternoon session. The judge noted the continued non‑appearance and ordered the petition to be listed for dismissal under the urgent orders category. Consequently, the court dismissed the writ petition in default for want of prosecution. The dismissal was entered without any substantive consideration of the merits, as the petitioners failed to prosecute the case.
Issues considered
- Whether a writ petition may be dismissed for want of prosecution when the petitioners fail to appear before the court?
Subjects
- default judgment
- writ petition
- want of prosecution
- dismissal
- non‑appearance
Judgment
2026:BHC-AUG:592
1 906 WP 4078-2018.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
906 WRIT PETITION NO. 4078 OF 2018
GOVIND GANGAPTRAO GANAPURE AND ANOTHER
VERSUS
GANPAT PANDURANGRAO GANAPURE AND ANOTHER
…
CORAM : SIDDHESHWAR S. THOMBRE, J.
DATE : 08.01.2026
PER COURT :
1. None appears for the petitioners.
2. On 06.01.2026, the following order was passed :
“1. None appears for the petitioners.
2. In fact, when this matter was called in the morning
session, none appeared on behalf of the petitioners.
Even on Court’s motion, when the matter was kept
back in the afternoon session to give one more
opportunity to the petitioners, none appeared on behalf
of them.
3. List the petition on 08.01.2026, under the caption “For
Dismissal” in urgent orders category.”
3. Today also, none appears for the petitioners.
4. In view thereof, the Writ Petition stands dismissed in default for
want of prosecution.
[ SIDDHESHWAR S. THOMBRE ]
JUDGE
Pooja Kale/
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