Bombay High Court
BABUBEE GOREKHA PATHANversusTHE STATE OF MAHARASHTRA AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The writ petition is dismissed in default for want of prosecution.
Summary
Petitioner Babubee Gorekha Pathan filed a writ petition but failed to appear before the Court on multiple occasions. The Court noted the petitioner's absence during the morning and afternoon sessions on 06.01.2026 and again on 08.01.2026. Despite being given an additional opportunity, the petitioner did not prosecute the petition. Consequently, the Court dismissed the writ petition in default for want of prosecution. No substantive merits of the petition were considered.
Issues considered
- What is the appropriate consequence when a petitioner fails to appear and prosecute a writ petition?
Subjects
- writ petition
- default dismissal
- want of prosecution
- civil procedure
- court appearance
Judgment
2026:BHC-AUG:594
1 908 WP 5785-2019 .odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
908 WRIT PETITION NO. 5785 OF 2019
BABUBEE GOREKHA PATHAN
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
…
Mr. B.A. Shinde – AGP for Respondent Nos.1 to 4, State
…
CORAM : SIDDHESHWAR S. THOMBRE, J.
DATE : 08.01.2026
PER COURT :
1. None appears for the petitioner.
2. On 06.01.2026, the following order was passed :
“1. None appears for the petitioner.
2. In fact, when this matter was called in the morning
session, none appeared on behalf of the petitioner.
Even on Court’s motion, when the matter was kept
back in the afternoon session to give one more
opportunity to the petitioner, none appeared on behalf
of the petitioner.
3. List the petition on 08.01.2026, under the caption “For
Dismissal” in urgent orders category.”
3. Today also, none appears for the petitioner.
4. In view thereof, the Writ Petition stands dismissed in default for
want of prosecution.
[ SIDDHESHWAR S. THOMBRE ]
JUDGE
Pooja Kale/
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