Bombay High Court
APPASAHEB SHANKAR LEMBHE AND OTHERSversusAYYUUB MIYA GULAM JILANI THROUGH LRS YAKUTBI AYUMMIYA AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The writ petition is dismissed in default for want of prosecution.
Summary
The writ petition filed in 2018 by Appasaheb Shankar Lembhe and others remained pending for several years. The petitioners failed to appear before the court on multiple occasions, including both morning and afternoon sessions on 24 February 2026 and again on 4 March 2026. The court, after giving the petitioners an opportunity to be heard, noted the continued non‑appearance and ordered the petition to be listed for dismissal. Consequently, the writ petition was dismissed in default for want of prosecution, and any pending civil applications were also disposed of. No substantive merits of the petition were considered due to the procedural default.
Issues considered
- What is the appropriate consequence when a petitioner repeatedly fails to appear and prosecute a writ petition?
Subjects
- writ petition
- dismissal
- want of prosecution
- default
- civil applications
Judgment
2026:BHC-AUG:9918
1 5 WP 4706-2018.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
5 WRIT PETITION NO. 4706 OF 2018
APPASAHEB SHANKAR LEMBHE AND OTHERS
VERSUS
AYYUUB MIYA GULAM JILANI THROUGH L.RS. YAKUTBI AYUMMIYA
AND OTHERS
…
Ms. D.S. Jape – AGP for Respondent Nos.8 to 10, State
…
CORAM : SIDDHESHWAR S. THOMBRE, J.
DATE : 04.03.2026
PER COURT :
1. None appears for the petitioners.
2. On 24.02.2026, the following order was passed :
“1. None appears for the petitioners. This petition has been
pending since 2018.
2. In fact, when this matter was called in the morning session,
none appeared on behalf of the petitioner. 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 the petitioners.
3. List the petition on 04.03.2026, 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.
5. Pending Civil Applications, if any, also stand disposed of.
[ SIDDHESHWAR S. THOMBRE, J. ]
Pooja Kale/
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