Bombay High Court

RAMSUMER R. PATELversusASBIBI BHIWANDI EDUCATION SOCIETY AND ORS.

Decided: 16 September 2026
Disposal: Dismissed

Holding

The petition is dismissed for non‑prosecution.

Summary

The petitioner, Navnath Waghmare, filed a writ petition and a civil application seeking relief. The court scheduled the matter for dismissal, but the petitioner’s counsel later submitted copies of written communication, postal receipts, and a tracking report showing delivery on 09.09.2026. Despite this, the petitioner failed to appear or respond, leaving counsel unable to effectively proceed. The court held that the petitioner’s lack of participation amounted to non‑prosecution. Consequently, the writ petition and the pending application were dismissed, and any interim relief was vacated.

Issues considered

What is the appropriate consequence when a petitioner fails to prosecute a writ petition despite being served with notice?

Subjects

writ petition
non‑prosecution
dismissal
civil appellate jurisdiction
procedural default

Judgment

                                                                           6-WP-6535-2010.doc



                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIVIL APPELLATE JURISDICTION

                                   WRIT PETITION NO. 6535 OF 2010
                                               WITH
                              CIVIL APPLICATION (ST) NO. 29230 OF 2014
NAVNATH
                                                 IN
SITARAM                            WRIT PETITION NO. 6535 OF 2010
WAGHMARE                                                        ...Petitioner
                   Ramsumer R. Patel
Digitally signed
by NAVNATH                    Versus
SITARAM
WAGHMARE           Asbibi Bhiwandi Education Society And Ors.                   ...Respondents
Date: 2026.09.16
17:49:39 +0530
                                                   ****
                   Mr. Vedant Bende i/b Mandar Limaye for the Petitioner.
                   Mr. Sagar A. Joshi for Respondent Nos. 1. to 3.
                                                   ****
                                             CORAM : M.M. SATHAYE, J.
                                              DATE : 16th SEPTEMBER, 2026
                   P.C. :

                   1.          On 31.08.2026, the following order was passed:

                              “1.None for the Petitioner, stand over to 07.09.2026.
                               2. To be listed 'for dismissal.”

                   2.          On 07.09.2026, the following order was passed:

                               “1. Today, the matter is listed for dismissal.

                               2. Learned Counsel for the Petitioner seeks time to place on
                               record copies of written communication, postal receipt and
                               acknowledgment/returned packet (as the case may be) or to make
                               necessary statement.

                               3. Stand over to 16.09.2026. To be listed ‘for dismissal’.”

                   3.          Today, learned counsel for the Petitioner has tendered a copies
                   of written communication sent to the Petitioner on his last known
                   address, along with postal receipt and tracking report, indicating that
                   communication is delivered to the Petitioner on 09.09.2026. The said


                   Navnath Waghmare                                                             1
                                                  6-WP-6535-2010.doc



copies are taken on record and marked ‘X’ collectively for identification.

4.          It appears that Petitioner is not contacting and therefore the
advocate is not in a position to effectively proceed with the matter.

5.          The situation amounts to non prosecution.

6.          Therefore, writ petition alongwith pending application are
dismissed for non prosecution. Interim /ad interim relief, if any, stands
vacated.

7.          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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