A writ petition was dismissed for want of prosecution. The Court noted repeated adjournments sought by the petitioner for the appearance of advocates, ending with the petitioner being absent in the afternoon session.
The petition was dismissed for want of prosecution due to repeated adjournments and non-appearance of the petitioner's counsel.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2269 OF 2012
Suresh Dnyandeo Chavan .. Petitioner Versus
Vikram Ganpatrao Ghadge .. Respondent
None for petitioner.
CORAM : S. C. DHARMADHIKARI, J. 29th January 2013.
P.C.:
to the Advocate for petitioner that repeatedly adjournments are
sought and on one or two occasions the petitioner has been
accommodated. Even their Advocates have remained absent.
Advocate on 7th January 2013. On 7th January 2013 the Court
assigned this work was not available for judicial work and, therefore, the matter stood over till 28th January 2013. On 28th
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January 2013, out of two Advocates, whose names were shown on daily board, one Advocate was present. It was clarified that even if one Advocate is in personal difficulty the other can argue the case. Once this indication was given the other Advocate sought time to prepare and argue the case. At his request the matter was stood over till today. Today it was called out in the morning session and Advocate appearing stated that he would argue in the afternoon session. The matter was kept back. Now in the afternoon session, nobody is present for the petitioner. This endless wait for the court is not right of the litigants and especially when they have engaged two Advocates. They cannot seek repeated adjournments as of right. Once the matter has been repeatedly adjourned for appearance of Advocates, then, there is no alternative but to dismiss the petition for want of prosecution.
1 issue framed by the court
Whether a writ petition will be dismissed for want of prosecution when the court repeatedly orders appearance of advocates and they fail to appear.
Suresh Dnyandeo Chavan
Vikram Ganpatrao Ghadge
S. C. Dharadhikari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
