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Bombay High Court

BHIKAJI BHIMASHANKAR KIRTANKAR AND ANOTHERversusTHE CHARITY COMMISSIONER AND ANOTHER

Disposal
DISPOSED OFF

Holding

The petition is dismissed in default for want of prosecution due to the petitioners' failure to appear and prosecute the suit.

Summary

The petitioners filed a writ petition in 2019 before the Bombay High Court, Aurangabad Bench, seeking relief against the Charity Commissioner. The petition remained pending for several years without any appearance by the petitioners. On 9 April 2026, the Court noted the petitioners' non‑appearance and gave them an additional opportunity in the afternoon session, which was also ignored. The Court again listed the matter on 10 April 2026, finding that the petitioners had failed to prosecute the suit. Consequently, the Court dismissed the petition in default for want of prosecution. No substantive merits of the petition were examined as the procedural default precluded further consideration.

Issues considered

  • Whether a writ petition may be dismissed for want of prosecution when the petitioners fail to appear before the Court?

Subjects

  • writ petition
  • default dismissal
  • want of prosecution
  • procedural default
  • High Court

Judgment

2026:BHC-AUG:15903
                                                     1 of 1                      910-WP.752.2019




                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        BENCH AT AURANGABAD

                                    910 WRIT PETITION NO. 752 OF 2019

                        BHIKAJI BHIMASHANKAR KIRTANKAR AND ANOTHER
                                              VERSUS
                           THE CHARITY COMMISSIONER AND ANOTHER
                                                 ...
                Mr. Shashikant S. Londhe, Advocate for the Petitioners is Absent.
                Mr. R. B. Dhaware, AGP for Respondent-State.
                                                 ...

                                             CORAM :          SIDDHESHWAR S. THOMBRE, J.
                                             DATE     :       10th APRIL, 2026
                P.C.:-

                1.            On 09.04.2026, the following order was passed:-

                         “1.   None appears for the petitioners. This petition has been
                         pending since 2019.

                         2.     In fact, when this matter was called in the morning
                         session, none appeared on behalf of the petitioner. Even on
                         Court’s motion, when the matter was kept back in the afternoon
                         session to give one more opportunity to the petitioners, none
                         appeared on behalf of the petitioners.

                         3.    List the petition on 10.04.2026, under the caption “For
                         Dismissal” in urgent orders category.”

                2.            Today also none appears for the Petitioners. Hence, the

                present petition is dismissed in default for want of prosecution.



                                                       (SIDDHESHWAR S. THOMBRE, J.)




      Tauseef


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