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Bombay High Court

ABDUL RAZZAK SHAIKH BABAN AND ANRversusNAVARANGIDEVI SABULA GUPTA AND ORS

Decided
Disposal
Dissmiss For Default/Non-Prosecution

Holding

The writ petition is dismissed in default due to the petitioners' non-appearance.

Summary

The petitioners filed a writ petition in the Bombay High Court but failed to appear on the scheduled hearing date. The court adjourned the matter as a last chance, yet the petitioners remained absent on the subsequent date. Consequently, the court dismissed the writ petition for default. No substantive merits of the petition were considered. The dismissal was based solely on the petitioners' non-appearance.

Issues considered

  • What is the appropriate consequence of the petitioners' failure to appear for hearing?

Subjects

  • default judgment
  • non-appearance
  • writ petition
  • civil appellate jurisdiction
  • Bombay High Court

Judgment

2026:BHC-AS:35414

                                                           28-WP-663-2020.docx


                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           CIVIL APPELLATE JURISDICTION
                            WRIT PETITION NO. 663 OF 2020
   Swapnil
               Abdul Razzak Shaikh Baban and Anr.                 …Petitioners
                    Vs.
               Navarangidevi Sabula Gupta and Ors.                …Respondents


               None for the petitioners.

                                       CORAM : GAURI GODSE, J.

                                       DATE :       28th AUGUST 2026

               ORDER :


               1.    Since none had appeared for the petitioners on the last

               date, the writ petition was adjourned by way of last chance.

               Even today none appears for the petitioners.


               2.    The writ petition is dismissed in default.




                                                          [GAURI GODSE, J.]




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