Bombay High Court
RAOSAHEB SAKHARAM KUTEversusSAKHARAM LIMBAJI KUTE AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The writ petition is dismissed because the petitioner failed to demonstrate payment of the dues as ordered.
Summary
The petitioner, Raosaheb Sakharam Kute, was ordered by the High Court on 19 November 2024 to pay a specified amount to respondent No.1 and to continue regular payments to demonstrate his bonafides in the proceedings. A dispute arose over these payments, leading the Court to direct the petitioner to file an affidavit evidencing compliance and to refer the matter to mediation, which subsequently failed. On 13 August 2026, the Court noted that the petitioner had not appeared nor produced any proof of payment. Consequently, the Court warned that failure to demonstrate full payment would result in dismissal of the writ petition. As the petitioner remained non‑compliant, the Court dismissed the writ petition and vacated any interim relief that had been granted.
Issues considered
- Did the petitioner comply with the Court's order dated 19 November 2024 to pay the dues to the respondent?
- Should the writ petition be dismissed for failure to demonstrate compliance with the Court's order?
Subjects
- writ petition
- default of payment
- court order compliance
- dismissal
- mediation failure
- interim relief vacated
- senior citizens
Judgment
2026:BHC-AUG:39740
8-sr906.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
906 WRIT PETITION NO. 8754 OF 2023
Raosaheb Sakharam Kute
VERSUS
Sakharam Limbaji Kute And Others
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Mr.K.S.Solanke, Advocate for petitioner
Mr.S.K.Chavan, Advocate for respondent nos.1 and 2
Mr.S.N.Kendre, AGP for respondent nos.3 and 4
----
CORAM : AJIT B. KADETHANKAR, J.
DATE : AUGUST 29, 2026
ORDER :-
On 13.08.2026, this court observed thus:-
“ It is pointed out by learned Advocate for the
respondents that the petitioner is in default of payment
in terms of order passed by this Court on 19.11.2024.
The order dated 19.11.2024 would depict that this
Court had directed the petitioner to pay certain
amount to respondent no.1 and to continue making
such payment to show his bonafides to prosecute the
present proceedings.
2. It is also submitted that subsequently there was
a dispute as regards to the regular payment and hence
this Court directed the petitioner to file an affidavit
demonstrating the payment made by him. Then the
matter was referred to mediation; however, the
mediation seems to have failed. Notably, the original
applicants are the aged parents of the petitioner.
Respondent no.1 is aged about 90 years whereas
respondent no.2 is aged about 88 years.
3. Place the matter on 20.08.2026. If the petitioner
fails to demonstrate that he has paid entire dues in
2 8-sr906
terms of the order dated 19.11.2024, this Court shall
be constrained to dismiss the Writ Petition.
2. On the last occasion, it is specifically observed in the
presence of learned advocate for the petitioner that if the petitioner
fails to demonstrate that he has paid the entire dues in terms of the
order dated 19.11.2024 this court shall be constrained to dismiss the
petition.
3. Today when the matter is called out nobody appears for
the petitioner nor anything is placed on record in compliance of the
order passed by this court on 13.08.2026.
4. For the reasons recorded above and on failure of the
petitioner to place on record compliance as observed above, the
petition stands dismissed. Interim relief, if any, stands vacated.
[AJIT B. KADETHANKAR, J.]
………..
KBP
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