Bombay High Court
MASTER RAHUL TULSHIRAM BIRANIversusSTATE OF MAHARASHTRA and ANR.
- Decided
- Disposal
- Disposed Off
Holding
Writ petitions are dismissed for default where petitioners fail to appear.
Summary
The petitioners filed a series of writ petitions and civil applications before the High Court of Bombay. On the hearing date, none of the petitioners appeared before the Court, and no counsel was present to represent them. The Court noted that the petitioners had also failed to appear on the previous date. Relying on the principle that a party’s failure to appear constitutes a default, the Court dismissed all the pending writ petitions. It also ordered that any interim orders or applications taken out in those petitions stand vacated. No substantive merits of the petitions were considered as the dismissal was purely procedural.
Issues considered
- Whether writ petitions and associated civil applications can be dismissed for default due to the petitioners' non‑appearance before the Court?
Subjects
- default judgment
- writ petition
- civil appellate jurisdiction
- High Court of Bombay
- non‑appearance
- petition dismissal
Judgment
3-WP-4119-1998+.doc
Satish Vs. State
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 4119 OF 1998
Satish Maruti Kusmade Adn & Ors. ...Petitioners
V/s.
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO. 2493 OF 1985
WITH
WRIT PETITION NO. 4319 OF 1998
WITH
CIVIL APPLICATION NO. 7340 OF 1998
WITH
CIVIL APPLICATION NO. 2454 OF 1999
IN
WRIT PETITION NO. 4319 OF 1998
WITH
WRIT PETITION NO. 4660 OF 1999
WITH
WRIT PETITION NO. 610 OF 2000
WITH
WRIT PETITION NO. 3574 OF 2000
WITH
WRIT PETITION NO. 4389 OF 2000
WITH
WRIT PETITION NO. 597 OF 2001
WITH
WRIT PETITION NO. 4158 OF 2001
WITH
WRIT PETITION NO. 4168 OF 2001
WITH
WRIT PETITION NO. 5031 OF 2001
Digitally
signed by WITH
AMOL
AMOL PREMNATH
PREMNATH JADHAV
JADHAV Date:
2026.07.15 Page 1 of 3
15:07:59
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Order dated 10th July 2026
3-WP-4119-1998+.doc
Satish Vs. State
WRIT PETITION NO. 5189 OF 2001
WITH
WRIT PETITION NO. 1424 OF 2002
WITH
WRIT PETITION NO. 2099 OF 2002
WITH
CIVIL APPLICATION NO. 111 OF 2008
IN
WRIT PETITION NO. 2099 OF 2002
WITH
WRIT PETITION NO. 4075 OF 2002
WITH
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 1703 OF 2002
WITH
WRIT PETITION NO. 2541 OF 2002
WITH
WRIT PETITION NO. 665 OF 2003
WITH
WRIT PETITION NO. 1352 OF 2004
WITH
WRIT PETITION NO. 1364 OF 2004
WITH
WRIT PETITION NO. 2384 OF 2005
WITH
WRIT PETITION NO. 2683 OF 2005
WITH
WRIT PETITION NO. 2689 OF 2005
WITH
WRIT PETITION NO. 2785 OF 2005
_______________________________________
None for the Petitioners.
Page 2 of 3
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Order dated 10th July 2026
3-WP-4119-1998+.doc
Satish Vs. State
Mr. Manish Upadhye, AGP, for Respondent No. 1-State in WP/2384/2005.
Mr. Suraj Gupte, AGP, for Respondent No. 1-State in WP/1364/2004.
Mr. Himanshu Takke, AGP, for Respondent Nos. 4 & 5-State in WP/1703/2002.
Mr. Ahsok D Shetty, with Ms. Rita Joshi, for Respondent Nos. 2 & 5 in
WP/2541/2002.
Ms. Yugandhara Khanvilkar, (through VC), AGP, for Respondent-State in
WP/665/2003.
Ms. Vaishali Nimbalkar, AGP, for the Respondent-State in WP/1424/2002 &
WP/4319/1998.
Ms. Kavita N. Solunke, Addl GP, with Mr. V. G. Badgujar, AGP, for the Respondent-
State in WP/2099/2002 & in WP/4158/2001.
Mr. V. G. Badgujar, AGP, for the Respondent-State in WP/4158/2001 &
WP/5031/2001.
Mr. P. P. Kakade, Addl GP, with Mr. V. G. Badgujar, AGP, for the Respondent-State.
Ms. Priyanka Chavan, AGP, for the Respondent-State in WP/2493/1985 &
WP/4660/1999.
Mr. P. P. Kakade, Addl GP, with Hamid Mulla, AGP, for the Respondent-State in
WP/4119/1998.
_______________________________________
CORAM : R.I. CHAGLA AND
FARHAN P. DUBASH, JJ.
DATE : 10th JULY 2026
P. C.:
1. None for the Petitioners.
2. On the previous date also none had appeared for the Petitioners. Accordingly,
these Writ Petitions are dismissed for default.
3. All pending Civil Applications/Interim Applications taken out in the present
Writ Petitions, if any, also stand disposed of in terms of this order, and all
interim orders passed therein, if any, shall stand vacated.
( FARHAN P. DUBASH, J. ) ( R.I. CHAGLA J. )
Amol
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Order dated 10th July 2026
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