Bombay High Court
BALAJI NAMDEO SHIVHAGAT AND ANRversusSTATE OF MAHARASHTRA THROUGH GOVERNMENT PLEADER
- Decided
- Disposal
- Dissmiss For Default/Non-Prosecution
Holding
The petition is dismissed for want of prosecution.
Summary
Balaji Namdeo Shivhagat and another filed Writ Petition No. 5232 of 2026 before the Bombay High Court. The petitioners failed to appear before the Court on four separate occasions (23 April, 16 June, 7 July and 27 July 2026). The Court observed that such repeated non‑appearance indicated a lack of seriousness in pursuing the petition. Consequently, the Court held that the petition could be dismissed for want of prosecution. The petition was dismissed and any pending applications were also disposed of.
Issues considered
- Whether a writ petition may be dismissed for want of prosecution when the petitioners repeatedly fail to appear before the Court?
Subjects
- writ petition
- dismissal for want of prosecution
- non‑appearance
- Bombay High Court
- civil appellate jurisdiction
Judgment
bipin prithiani
1
23-wp-5232.26.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 5232 OF 2026
Balaji Namdeo Shivhagat & Anr. … Petitioners
Versus
The State of Maharashtra & Ors. … Respondents
******
None for the Petitioners.
Mr. O. A. Chandurkar, Addl. G. P. a/w Mrs. D. S. Deshmukh, AGP
BIPIN
DHARMENDER
Digitally signed by
BIPIN DHARMENDER
PRITHIANI for Respondent-State.
PRITHIANI Date: 2026.07.28
11:48:41 +0530
******
CORAM : MANISH PITALE AND
SHREERAM V. SHIRSAT, JJ.
DATE : 27th JULY 2026
P.C. :
. None for the petitioners.
2. The record shows that in this petition, this is the fourth
occasion on which there is no appearance on behalf of the
petitioners.
3. The petition was earlier listed on 23 rd April 2026, 16th June
2026 and 7th July 2026, when none appeared on behalf of the
petitioners and hence, this Court was constrained to list the
petition today, under the caption ‘for dismissal’.
4. In the light of the aforesaid facts, we are of the opinion that
the petitioners are not serious about pursuing the present writ
petition.
bipin prithiani
2
23-wp-5232.26.doc
5. Accordingly, the petition is dismissed for want of
prosecution.
6. Pending applications, if any, also stand disposed of.
(SHREERAM V. SHIRSAT, J.) (MANISH PITALE, J.)
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