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Bombay High Court

PARAJI MAROTI JABDE AND OTHERSversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal
DISPOSED OFF

Holding

The petition is dismissed for want of prosecution.

Summary

The petitioners filed a writ petition but failed to file a rejoinder or any subsequent affidavit despite multiple orders granting time. The petitioners' counsel repeatedly sought extensions, and the court granted last chances, yet the petitioners did not appear. The court observed that the petitioners showed no interest in prosecuting the case. Consequently, the court dismissed the petition for want of prosecution. The dismissal was entered without any substantive consideration of the merits.

Subjects

  • writ petition
  • dismissal
  • want of prosecution
  • civil procedure
  • court orders

Judgment

2026:BHC-AUG:38986-DB




                                                (1)                       wp85.17


                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               BENCH AT AURANGABAD

                               29 WRIT PETITION NO. 85 OF 2017

                               PARAJI MAROTI JABDE AND OTHERS
                                           VERSUS
                            THE STATE OF MAHARASHTRA AND OTHERS

           None for the petitioners.
           Mr. S.R. Yadav-Lonikar, AGP for the respondent-State.
           Mr. S.B. Solanke, Advocate for respondent No.4.

                                            CORAM : KISHORE C. SANT &
                                                    JITENDRA JAIN, JJ.
                                            DATE  : 27.08.2026
           PC :-

           01.            By order dated 25.01.2017, this Court had issued notice to

           the respondents. The respondents appeared and respondent No.4 filed

           reply.   On 07.10.2019 the petitioners sought time to file rejoinder.

           However, no rejoinder is filed.       By order dated 11.11.2019, it was

           recorded that the rejoinder is still not filed. Thereafter, it is seen that the

           petition was not appearing on Board for considerable time.                  On

           17.06.2026, the petitioner’s advocate sought time to take instructions

           from the petitioners as regards present status of the matter. Time was

           granted till 01.07.2016.      On 01.07.2026 none was present for the

           petitioners.    It was adjourned to 29.07.2026 by way of last chance for

           dismissal.     On 29.07.2026 learned Advocate for the petitioner sought

           some time to place on record subsequent events by way of additional
                                           (2)                     wp85.17


affidavit.



02.                Inspite of these specific orders, neither rejoinder is filed nor

subsequent affidavit is filed. Today when the petition is called out, none

present for the petitioners. The conduct of the petitioners shows that in-

fact the petitioners are not interested in prosecuting this petition.



03.                Considering the above, this Court has no option, but to

dismiss this petition for want of prosecution.           This petition, therefore,

stands dismissed for want of prosecution.




         [JITENDRA JAIN, J.]                       [KISHORE C. SANT, J.]


snk/2026/Aug26/wp85.17


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