Bombay High Court
BANOO NUSSERWANJI CAMA AND ORSversusBRIHANMUMBAI MAHANAGAR PALIKA AND ANR
- Decided
- Disposal
- Dissmiss For Default/Non-Prosecution
- Bench
- NEELA KEDAR GOKHALE
Holding
The writ petition is dismissed for want of prosecution.
Summary
The petitioners failed to appear before the High Court on two consecutive dates despite the matter being listed. The court noted that the petitioners appeared unwilling to prosecute the writ petition. Consequently, the court treated the petition as withdrawn. No substantive arguments or evidence were presented. The writ petition was therefore dismissed for want of prosecution.
Issues considered
- Can a writ petition proceed when the petitioners do not appear before the court?
Subjects
- writ petition
- withdrawal
- want of prosecution
- civil procedure
Judgment
904-WP-821-2010.DOC
Ajit Pathrikar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 821 OF 2010
Banoo Nusserwanji Cama And Ors. ...Petitioners
Versus
Brihanmumbai Mahanagar Palika And Anr. ...Respondents
None for the Petitioners.
Ms. Gauri S. Rao, APP for the State-Respondent.
CORAM DR. NEELA GOKHALE, J.
DATED: 27th FEBRUARY 2026
PC:-
1. The matter was listed yesterday, however, none
appeared on behalf of the Petitioners. Accordingly, it is kept
today under the caption ‘for withdrawal’.
2. Even today, when the matter was called out, none
appears for the Petitioners. It appears that the Petitioners are
not desirous of prosecuting the matter. Hence, the Writ
Petition is dismissed for want of prosecution.
(Dr. Neela Gokhale, J)
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27 February 2026
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