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Bombay High Court

JAYANTI DEVJI DHADVE and ORS.versusTHE SUB DIVISIONAL OFFICER,MANGAON DIVISION and ORS.

Decided
Disposal
Dismissed

Holding

The Court dismissed the writ petition for want of prosecution and vacated any interim relief previously granted.

Summary

The petitioners filed a writ petition which was initially listed but no counsel appeared. The court ordered a stand‑over to allow the respondents to take instructions, and later noted that the petition was dismissed against one respondent under a prior conditional order. Despite the petitioners' advocates being listed, no one attended the hearing on 22 June 2026. The court therefore dismissed the writ petition for want of prosecution and vacated any interim or ad‑interim relief previously granted. The order was signed digitally and directed all parties to act upon it.

Issues considered

  • Whether a writ petition may be dismissed for want of prosecution when the petitioners fail to appear despite being listed.
  • Whether interim or ad‑interim relief granted earlier should be vacated upon dismissal of the petition.

Subjects

  • writ petition
  • dismissal
  • want of prosecution
  • interim relief
  • civil appellate jurisdiction
  • non‑appearance

Judgment

                                                                           18-WP-5760-2004



                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        CIVIL APPELLATE JURISDICTION
SNEHA
NITIN
CHAVAN                                     WRIT PETITION NO. 5760 OF 2004
Digitally signed by
SNEHA NITIN           Jayanti Devji Dhadve And Ors.                             ... Petitioners
CHAVAN
Date: 2026.06.22
19:22:16 +0530                       Versus
                      The Sub Divisional Officer, Mangaon Division              ...Respondents
                      And Ors.
                                                            ****
                      None for the Petitioners.
                      Mr. Dushyant Purekar, a/w Mr. Rajat Dedhia, and Ms. Esther Mary
                      Matthew, for Respondent No.2 to 11.
                      Ms. V.S. Nimbalkar AGP for the Respondent/State.
                                                     ****
                                                CORAM : M.M. SATHAYE, J.
                                                 DATE : 22nd JUNE, 2026

                      P.C. :

                      1.          On 08.06.2026 the following order was passed:
                                     “1. None for the Petitioners
                                      2. At the request of learned Counsel for the Respondent Nos.
                                      2 to 10, stand over to 15.06.2026 for taking instructions about
                                      proceeding with the matter.”

                      2.          On 15.06.2026 the following order was passed:

                                      “1. None for the Petitioner.
                                       2. Office note indicates that petition is dismissed as against
                                       Respondent No.12 under earlier conditional order. The name
                                       of two Advocates are appearing for the Petitioner, however
                                       nobody is attending the matter.
                                       3. Stand over to 22.06.2026 as a last opportunity. To be listed
                                  "for Dismissal.”


                      3.          Today, this matter is listed for dismissal. However nobody
                      has appeared for the Petitioners.



                      Navnath Waghmare                                                       1
                                             18-WP-5760-2004



4.          Writ Petition is therefore, dismissed for want of
prosecution. Interim/ad-interim relief, if any granted earlier,
stands vacated.
5.          All concerned to act on duly authenticated or digitally
signed copy of this order.




                                      (M.M. SATHAYE, J.)




Navnath Waghmare                                               2


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