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Bombay High Court

ANIL VITHOBA SAUNTO DESSAI AND ANR.,versusDEU SHAMBU RAUT DESSAI AND 12 ORS.,

Disposal
Dismissed for non prosecution

Holding

A writ petition may be dismissed for want of prosecution where the petitioners fail to appear despite proper service of notice.

Summary

The petitioners filed a writ petition in the High Court of Bombay at Goa. Their counsel, Rohit Bras De Sa, was discharged and returned all files on 31 October 2022. The petitioners were served notice on 17 August 2026 but failed to appear before the Court. The Court noted the lack of prosecution and dismissed the writ petition for want of prosecution. Consequently, all pending applications related to the petition were also disposed of.

Issues considered

  • Whether the writ petition should be dismissed for want of prosecution due to the petitioners' failure to appear after service of notice?

Subjects

  • procedural dismissal
  • want of prosecution
  • writ petition
  • non-appearance
  • High Court of Bombay at Goa

Judgment

2026:BHC-GOA:1650
                                                 WP 533 2013

                Amrut

                        IN THE HIGH COURT OF BOMBAY AT GOA
                         WRIT PETITION NO.533 OF 2013
                                    WITH
                STAMP NUMBER (APPLN.) NO.1577 OF 2020 (F), MISC.CIVIL
                          APPLICATION NO.294 OF 2022
                           WRIT PETITION NO.533 OF 2013
           ANIL VITHOBA SAUNTO DESSAI AND
           ANR.,                                      ... PETITIONERS
             Versus
           DEU SHAMBU RAUT DESSAI AND 12
           ORS.,                                      ... RESPONDENTS
                                      WITH
                      STAMP NUMBER (APPLN.) NO.1577 OF 2020 (F)
                                        IN
                           WRIT PETITION NO.533 OF 2013
           ANIL VITHOBA SAUNTO DESSAI AND
           ANR.,                                      ... APPLICANTS
             Versus
           DEU SHAMBU RAUT DESSAI AND 12
           ORS.,                                                    ... RESPONDENTS

                                      WITH
                       MISC.CIVIL APPLICATION NO.294 OF 2022
                                        IN
                           WRIT PETITION NO.533 OF 2013
           ANIL VITHOBA SAUNTO DESSAI AND ANR         ... APPLICANTS
             Versus
           DEU SHAMBU RAUT DESSAI AND 12 ORS                        ... RESPONDENTS

           None appears for the Petitioners.

                                   CORAM:- S. G. CHAPALGAONKAR, J.
                                   DATED :- 18th August, 2026

           P.C.:


           1.           Vide order dated 22nd July 2026, it has been noted that Mr

                                                  Page 1 of 2
                                                18th August, 2026
                                                          WP 533 2013


                     Rohit Bras De Sa, learned counsel representing the Petitioners, has
                     been discharged from appearing in the matter and he has returned
                     all files and papers to the Petitioners on 31st October 2022.
                     Accordingly, notice was issued to the Petitioners.


                     2.          Office report dated 17th August 2026 shows that Petitioner
                     Nos.1 and 2 have been duly served. However, none appears before
                     this Court.


                     3.           In that view of the matter, writ petition stands dismissed
                     for want of prosecution.


                     4.                In view of the disposal of writ petition, pending
                     applications stand disposed of.



                                                               S. G. CHAPALGAONKAR, J.




Signed by: TARI AMRUT NAGESH
Designation: Private Secretary
                                                           Page 2 of 2
Date: 18/08/2026 18:54:34
                                                         18th August, 2026


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