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Bombay High Court

LAXMAN KANHU KOLHEversusTHAKSEN SITARAM KOLHE AND ORS.

Decided
Disposal
Disposed Off

Holding

The writ petition was dismissed for want of prosecution.

Summary

The petitioner, Laxman Kanhu Kolhe, filed a writ petition in the Bombay High Court. During proceedings, the petitioner's counsel informed the court that he had no instructions to continue prosecuting the petition. Consequently, the court dismissed the writ petition for want of prosecution. The judgment noted that the petitioner could apply for restoration of the petition if he later wishes to pursue it. No substantive merits of the petition were considered.

Issues considered

  • What is the appropriate procedural consequence when a petitioner's counsel indicates lack of instructions to prosecute a writ petition?

Subjects

  • writ petition
  • dismissal
  • want of prosecution
  • restoration
  • civil appellate jurisdiction

Judgment

  2026:BHC-AS:34298

                          Megha                                                     18_wp_4993_2018


                                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                  CIVIL APPELLATE JURISDICTION
                                                 WRIT PETITION NO.4993 OF 2018

                          Laxman Kanhu Kolhe                                       ...Petitioner

                                                V/s.

                          Thaksen Sitaram Kolhe and Ors.                         ...Respondents
                                                           ________________
                          Mr. Aditya Mhaske i/b. Mr. Vijay Dighe for the Petitioner.
                          Mr. Ganesh Bhujbal for Respondent Nos.2 to 6,11 and 12.
                                                           ________________


                                                                     CORAM: SANDEEP V. MARNE, J.

                                                                      DATED: 18 AUGUST 2026.


                          P.C.:


                          1)            The learned counsel appearing for the Petitioner, on
                          instructions, submits that he has no instructions to prosecute the
                          Petition.


                          2)          Writ Petition is accordingly dismissed for want of prosecution. In
                          the event, the Petitioner is interested in prosecuting the Petition, he
                          would be at liberty to apply for restoration of the same.




                                                                               [SANDEEP V. MARNE, J.]


Signed by: Megha S. Parab
                                                              Page No.1 of 1
Designation: PA To Honourable Judge                           18 August 2026
Date: 20/08/2026 11:25:06


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