Bombay High Court

SHRI ASHOK DAYALDAS MANDHAAN and ANR.versusSHRI LAXMIKANT TUKARAM CHAUDHARI and ORS.

Decided: 25 June 2026
Disposal: Dismissed
Bench: G S KULKARNI AARTI A SATHE

Holding

A writ petition may be dismissed for want of prosecution when the petitioner fails to pursue the matter and a considerable lapse of time has occurred.

Summary

Shri Ashok Dayaldas Mandhaan and another filed a writ petition before the Bombay High Court against Shri Laxmikant Tukaram Chaudhari and others. The petition sought relief, but the petitioners did not take any steps to advance the proceedings. The Court observed that a considerable period had elapsed and the petitioners appeared to have lost interest in prosecuting the matter. The issue before the Court was whether the petition could be allowed to continue despite the inaction. Applying the principle that a writ petition may be dismissed for want of prosecution when the petitioner fails to pursue it, the Court dismissed the petition.

Issues considered

Whether the writ petition should be dismissed for want of prosecution due to the petitioner's inaction and lapse of time

Subjects

writ petition
dismissal
want of prosecution
procedural law
civil appellate jurisdiction

Judgment

                                                                       209 WP 5740-05.DOC



               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      CIVIL APPELLATE JURISDICTION

                      WRIT PETITION NO. 5740 OF 2005


Shri Ashok Dayaldas Mandhaan And Anr.                  ...Petitioner
       Versus
Shri Laxmikant Tukaram Chaudhari And Ors.              ...Respondents
                                 _______
None for Petitioner.
Mr. P. P. Kakade, Addl.G.P. for the State.
                                      _______

                                   CORAM:        G. S. KULKARNI &
                                                 AARTI SATHE, JJ.

                                   DATE:         25 JUNE 2026

P.C.

           None for the Petitioner. It appears that due to passage of time, the

Petitioner has lost interest in prosecuting the matter. Hence, dismissed for want of

prosecution.




        (AARTI SATHE, J.)                        (G. S. KULKARNI, J.)




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