Bombay High Court
SHRI MALLINATH SHANKAR ANKUSHEversusTHE DISTRICT COLLECTOR AND ORS
- Disposal
- Dismissed
Holding
The writ petition was dismissed for default due to the petitioner's failure to appear.
Summary
The petitioner, Shri Mallinath Shankar Ankushe, filed a writ petition before the Bombay High Court, Kolhapur Circuit Bench. An order dated 3 August 2026 recorded that the petitioner was served but did not appear before the court. The matter was listed for dismissal, and the petitioner again failed to appear on the scheduled date. The court observed that the petitioner was not interested in pursuing the petition further. Consequently, the writ petition was dismissed for default.
Issues considered
- What is the appropriate consequence when a petitioner fails to appear before the court after being served?
Subjects
- default dismissal
- writ petition
- non-appearance
- civil appellate jurisdiction
Judgment
7-WP-4593-2016 (C).doc
IN THE JUDICATURE OF HIGH COURT AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.4593 OF 2016
Shri Mallinath Shankar Ankushe ] Petitioner
versus
The District Collector and others ] Respondents
.....
None for the Petitioner.
Mr. A.P. Vanarase, A.G.P, for Respondent Nos.1 and 3.
Mr. I.M. Khairdi, Advocaste for Respondent No.2.
.....
Digitally
signed by
SHAILAJA
SHAILAJA SHRIKANT
SHRIKANT HALKUDE CORAM : RAJESH S. PATIL AND
HALKUDE Date:
2026.09.01
10:12:44
ABHAY J. MANTRI, JJ.
+0530
DATE : 31 AUGUST 2026.
P. C. :
1. By an order dated 3 August 2026, it was recorded that, though
served, the Petitioner was not present before the Court. Hence, the
matter was kept “for dismissal” today.
2. Today also, none appears for the Petitioner.
3. It appears that the Petitioner is not interested in pursuing the
Petition any further. Hence, the Writ Petition stands dismissed for
default.
[ABHAY J. MANTRI, J.] [RAJESH S. PATIL, J.]
Shailaja 1
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