Bombay High Court

SARASWATI SHIKSHAN SANSTHA AND ORS.versusMANISHA MADHUKAR SONAR AND ORS.

Decided: 19 August 2026
Disposal: Disposed Off

Holding

The writ petitions were dismissed for non‑prosecution, and any interim relief granted was vacated.

Summary

Saraswati Shikshan Sanstha and others filed several writ petitions in the Bombay High Court seeking relief against various respondents. The Court issued an intimation on 18 July 2026 directing the petitioners to contact the Advocate for further assistance. The petitioners failed to respond or engage the Advocate despite receiving the notice. The Court held that this failure amounted to non‑prosecution of the petitions. Consequently, all the writ petitions were dismissed and any interim relief previously granted was vacated.

Issues considered

What constitutes non‑prosecution of a writ petition under the Civil Procedure Code?
Whether a writ petition may be dismissed and interim relief vacated on account of non‑prosecution?

Subjects

writ petition
non‑prosecution
dismissal
interim relief
civil appellate jurisdiction
educational institute

Judgment

                                                                  901.as.wp.7471.2005.doc
 VINA
 ARVIND
 KHADPE                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally signed by
VINA ARVIND                                 CIVIL APPELLATE JURISDICTION
KHADPE
Date: 2026.08.19
18:04:58 +0530
                                          WRIT PETITION NO.7471 OF 2005

                      Saraswati Shikshan Sanstha and ors.               ...Petitioners
                                 Versus
                      Manisha Madhukar Sonar and ors.                   ...Respondents

                                                      WITH
                                          WRIT PETITION NO.7472 OF 2005

                      Saraswati Shikshan Sanstha and ors.               ...Petitioners
                                 Versus
                      Anita Bhikan Pankar and ors.                      ...Respondents

                                                      WITH
                                          WRIT PETITION NO.7473 OF 2005

                      Saraswati Shikshan Sanstha and ors.               ...Petitioners
                                 Versus
                      Smita Chhagan Zambare and ors.                    ...Respondents

                                                      WITH
                                          WRIT PETITION NO.7998 OF 2005

                      Saraswati Shikshan Sanstha and ors.               ...Petitioners
                                 Versus
                      Kailash Pandit Desale and ors.                    ...Respondents

                                                      WITH
                                          WRIT PETITION NO.8066 OF 2005

                      Saraswati Shikshan Sanstha and ors.               ...Petitioners
                                 Versus
                      Mohan Ganpat Patil and ors.                       ...Respondents

                                                      WITH
                                          WRIT PETITION NO.8065 OF 2005

                      Saraswati Shikshan Sanstha and ors.               ...Petitioners
                                 Versus
                      Shantaram Yuvraj Patil and ors.                   ...Respondents

                      Vina Khadpe
                                                        1
                                                    901.as.wp.7471.2005.doc



                                     ****
Mr. Sharad Bhosale a/w Ms. Shraddha Pawar i/b. Mr. Dilip Bodake for
the Petitioner in all the Petitions.
Mr. N. R. Bubna a/w Mr. A. A. Achhra for Respondent No.1 in all
Petitions.
Mr. Sandip Babar, AGP for Respondent / State in WP/7471/2005.
Mr. P. V. Nelson Rajan, AGP for Respondent / State in WP/7472/2005.
Ms. Ashwini A Purav, AGP for Respondent / State in WP/7473/2005.
Ms. Savina R Crasto, AGP for Respondent / State in WP/7998/2005.
Ms. M. S. Srivastav, AGP for Respondent / State in WP/8066/2005.
Mr. B B Dahiphale, AGP for Respondent / State in WP/8065/2005.
                                     ****
                            CORAM : M.M. SATHAYE, J.
                               DATE : 19th AUGUST, 2026
P.C. :


1.            Learned counsel for the Petitioner has placed on record a copy
of written communication / intimation addressed to common Petitioner
– an educational institute, asking to contact the Advocate. He has also
placed on record the postal receipt and tracking report showing that the
said intimation has been received by the Petitioner Institute on
18.07.2026. Copies of the said communication, postal receipt and
tracking report are taken on record and marked ‘X’ collectively for
identification.
2.            Despite receipt of the intimation, nobody has contacted the
Advocate and, therefore, he is unable to effectively assist the Court any
further.
3.            This situation amounts to non-prosecution.
4.            In that view of the matter, Writ Petitions are dismissed for
non-prosecution. Interim relief / ad-interim relief, if any, stands vacated.
5.            All concerned to act on duly authenticated or digitally signed
copy of this order.


                                            (M.M. SATHAYE, J.)

Vina Khadpe
                                       2

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