Bombay High Court

MURLIDHAR ANANT THAKUR AND ORSversusKAMLAKAR NARAYAN SAMANT (DECEASED THROUGH LRS) GYNESH KAMLAKAR SAMANT AND ANR

Decided: 17 August 2026
Disposal: Dismissed

Holding

The writ petition is dismissed for non‑prosecution.

Summary

The petitioners filed a writ petition in the Bombay High Court challenging a 22 April 2010 order of the Maharashtra Revenue Tribunal, which had dismissed their revision and upheld the Tahsildar's decision rejecting their claim as deemed purchasers. The petitioners failed to appear at multiple hearings scheduled on 27 July 2026, 10 August 2026, and 17 August 2026. The court noted the petitioners' apparent lack of interest in pursuing the matter. Consequently, the court dismissed the writ petition for non‑prosecution and vacated any interim relief that had been granted. The order was signed digitally by the presiding judge.

Issues considered

What is the appropriate procedural consequence when a petitioner fails to appear for a scheduled hearing in a writ petition?

Subjects

writ petition
non‑prosecution dismissal
deemed purchaser
Maharashtra Revenue Tribunal
procedural default

Judgment

                                                                          2-WP-752-2011.doc



                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIVIL APPELLATE JURISDICTION

                                         WRIT PETITION NO. 752 OF 2011

                   Murlidhar Anant Thakur And Ors.                             ...Petitioners
                              Versus
NAVNATH
SITARAM            Kamlakar Narayan Samant (deceased Through     ...Respondents
WAGHMARE           Lrs) Gynesh Kamlakar Samant And Anr.
                                                   ****
Digitally signed
by NAVNATH         None for the Petitioners.
SITARAM
WAGHMARE           Mr. A.A. Alaspurkar AGP the Respondent/State.
Date: 2026.08.17
18:16:21 +0530     Ms. Gauri Bhagwat i/b M/s Divekar Bhagwat & Co. for the Respondent
                   No.1.
                                                   ****
                                             CORAM : M.M. SATHAYE, J.
                                                   DATE : 17th AUGUST, 2026
                   P.C. :

                   1.          On 27.07.2026, the following order was passed:

                               “1. None for the Petitioners. Learned counsel for the Respondent
                               No.1 seeks time to take instructions.

                               2. Petitioners are challenging the order dated 22.04.2010 passed
                               by Maharashtra Revenue Tribunal, Mumbai dismissing his revision
                               application, confirming order of Tahsildar, Borivali rejecting the
                               claim of Petitioners as deemed purchasers.

                               3. Stand over to 10.08.2026 as an opportunity to Petitioners or
                               their advocate to appear and contest.”

                   2.          On 10.08.2026, the following order was passed:

                                “1. On last occasion, the matter was adjourned as an opportunity
                                to the Petitioners. Today also, none is appearing for the
                                Petitioners.

                                2. Stand over to 17.08.2026. To be listed ‘for dismissal’.”



                   Navnath Waghmare                                                           1
                                                  2-WP-752-2011.doc



3.          Today, the matter is listed for dismissal, however, nobody is
appearing for the Petitioner. It appears that the Petitioner is not
interested in proceeding with the matter.

4.          Writ petition is accordingly dismissed for non prosecution.
Interim/ 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.)




Navnath Waghmare                                                      2

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