Bombay High Court
YADULLA BABUSAB AND OTHERSversusSK.AHMADULLA KHAN SIDDI KHAJA MOINUDDIN and ORS.
- Disposal
- DISPOSED OFF
Holding
The writ petition is dismissed for want of prosecution.
Summary
The petitioners filed a writ petition (WP No. 4543 of 1998) and a civil application, but failed to appear before the Court on multiple scheduled dates (26 March 2026, 29 June 2026, 22 April 2026, and 13 July 2026). Despite a request for adjournment on 13 July 2026, the petitioners again did not appear. The Court, noting the repeated non‑appearance, dismissed the writ petition for want of prosecution and discharged the rule. Any pending civil applications, if existent, were also disposed of accordingly.
Issues considered
- What is the appropriate remedy when a petitioner repeatedly fails to appear before the Court despite being duly notified?
Subjects
- writ petition
- dismissal
- want of prosecution
- court procedure
- non‑appearance
Judgment
2026:BHC-AUG:42300
1 76-WP-4543-98.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 4543 OF 1998
WITH CIVIL APPLICATION NO. 13151 OF 2024 IN WP/4543/1998
YADULLA BABUSAB AND OTHERS
VERSUS
SK.AHMADULLA KHAN SIDDI KHAJA MOINUDDIN AND OTHERS.
…
Advocate for Respondent No.1-B: Mr. Umakant B. Deshmukh
AGP for Respondents No.7 and 8 : Mr. P. D. Patil
Advocate for Respondent No.9/1 to 5 : Mr. K. M. Nagarkar
…
CORAM : SACHIN S. DESHMUKH, J.
DATE : 15-09-2026
PER COURT:-
1. This Court, on 26.03.2026 and 29.06.2026, passed the
following orders;
“1. None present for petitioner. The learned counsel
for the respondent submits that even on last occasion
none was present for the petitioner.
2. Considering the same, list the matter for
dismissal on 22.04.2026.”
AND
“1. None present for the petitioners when the
matter was called in morning session. In afternoon
session also, when matter was called out, none
appeared.
2. List this petition on 13.07.2026 for dismissal.”
2. A subsequent request made on behalf of the petitioners was
acceded to on 13.07.2026, however, no one appeared for them
even today.
3. Consequently, the writ petition is disposed of for want of
prosecution. Rule stands discharged accordingly.
4. Pending civil applications, if any, stand disposed of
accordingly.
[SACHIN S. DESHMUKH, J.]
rrd
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