Bombay High Court

SURYABHAN SHANKAR MALUNJAKARversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF
Bench: KISHORE C SANT SUSHIL M GHODESWAR

Holding

A writ petition may be dismissed for want of prosecution when the petitioner fails to appear despite being called.

Summary

The petitioner, Suryabhan Shankar Malunjakar, filed writ petition No. 6275 of 2018 in the Bombay High Court, Aurangabad Bench. The petitioner failed to appear for the first hearing and again did not appear when the matter was called for a second time. The Court observed that the petitioner’s non‑appearance indicated a lack of interest in prosecuting the petition. Consequently, the Court held that the petition could not proceed without the petitioner’s participation. The writ petition was therefore disposed of for want of prosecution.

Issues considered

Whether a writ petition may be dismissed for want of prosecution when the petitioner fails to appear before the Court?

Subjects

writ petition
dismissal
want of prosecution
civil procedure
high court

Judgment

2026:BHC-AUG:684-DB




                                                   -1-

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                                  919 WRIT PETITION NO. 6275 OF 2018

                                 SURYABHAN SHANKAR MALUNJAKAR
                                             VERSUS
                              THE STATE OF MAHARASHTRA AND OTHERS

              None present for the petitioner.
              Mr.B.V.Virdhe, AGP for the respondent/State.

                                    ( CORAM : KISHORE C. SANT AND
                                              SUSHIL M. GHODESWAR, JJ. )

                                       DATE : 8 JANUARY, 2026


              PER COURT :


              1.              None present for the petitioner even in the second session

              when the matter is called out for second time.          It appears that the

              petitioner is not interested in prosecuting the petition.



              2.              The writ petition, therefore, stands disposed of for want of

              prosecution.




                   ( SUSHIL M. GHODESWAR, J.)                 ( KISHORE C. SANT, J.)




              khs/Jan.2026/6275

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