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Bombay High Court

PRALHAD S.DESHPANDE (DECD)BY SMT.L.P.DESHPANDE andORversusTULSHIRAM N. MANDAVE (DECD) BY B.T. MANDAVE and ORS.

Decided
Disposal
Dismissed

Holding

The writ petitions were dismissed for non‑prosecution and the interim relief was vacated.

Summary

Petitioners Navnath, Sitara and Waghmare filed writ petitions before the Bombay High Court. Their counsel informed the court that, because the petitioners were not in contact, he could not further assist the court. The court held that in the absence of prosecution, the petitions could not proceed. Consequently, the writ petitions were dismissed for non‑prosecution. Any interim relief that had been granted earlier was vacated. The order was signed digitally and is to be acted upon as a QR‑verifiable copy.

Issues considered

  • What is the appropriate course of action when petitioners are unavailable and counsel cannot assist further?

Subjects

  • writ petition
  • non‑prosecution
  • dismissal
  • interim relief
  • civil appellate jurisdiction
  • Bombay High Court

Judgment

                                                                        12-WP-4898-2000.doc



                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CIVIL APPELLATE JURISDICTION

                                          WRIT PETITION NO. 4898 OF 2000
                                                      WITH
                                          WRIT PETITION NO. 4900 OF 2000
NAVNATH
SITARAM
WAGHMARE              Pralhad S. Deshpande (decd)by Smt. L. P
Digitally signed by   Deshpande And Ors.                                     ...Petitioners
NAVNATH
SITARAM
WAGHMARE
Date: 2026.09.23
                                 Versus
20:48:09 +0530
                      Tulshiram N. Mandave (decd) By B.T. Mandave
                                                                             ...Respondents
                      And Ors.

                                                     ****
                      Mr. Varchasva Pandey i/b Kavyal Shah for the Petitioners in both
                      petition.
                      None for the Respondents.
                                                     ****
                                                CORAM : M.M. SATHAYE, J.
                                                 DATE : 23rd SEPTEMBER, 2026
                      P.C. :

                      1.       Learned counsel for the Petitioner submits that since the
                      Petitioners are not in contact, he is unable to assist the Court any
                      further.

                      2.       Therefore, writ petitions are dismissed for non prosecution.
                      Interim/ an interim relief, if any, stands vacated.

                      3.       All concerned to act on duly authenticated or digitally signed QR
                      verifiable copy of this order.



                                                               (M.M. SATHAYE, J.)




                      Navnath Waghmare                                                        1


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