Bhawarilal B.Daga. v. Bhagchand P.Kathed and Others.
Case brief
What is this about?
Bombay High Court, Aurangabad Bench; WRIT PETITION NO. 1860 OF 1996; neutral citation 2025:BHC-AUG:25642; decided 19.09.2025 by Kishore C. Sant, J. Eviction suit R.C.S. No. 172/1980 under the Bombay Rent Act was decreed, but tenants succeeded in appeal by judgment and order dated 07.08.1987. Petition pending since 1996; notices of respondent Nos. 1A to 1E awaited since 2012; notices of petitioner Nos. 1F to 1H returned unserved; no steps by petitioners; petition dismissed for default. Keywords: dismissal for default, non-service of notice, Bombay Rent Act, eviction, landlord-tenant, Aurangabad Bench.
What did the court decide?
Keeping the writ petition pending was of no use where notices of respondent Nos. 1A to 1E were awaited since 2012, notices of petitioner Nos. 1F to 1H were returned unserved as not residing on the given address, and no steps were taken by the petitioner.