Disposed¶20

Purbha Tulsa Alias Tulsiram Dhutde and Another v. Mohd. Jafar Shaikh Ismail

Bombay HC23 Jan 2026WP/5563/2023

Case brief

AI extract

What is this about?

Writ Petition 5563 of 2023; Bombay High Court Aurangabad Bench; R. M. Joshi; Purbha Tulsa Alias Tulsiram Dhutde v. Mohd. Jafar Shaikh Ismail; dismissal for want of prosecution; non-appearance of petitioners; restoration of petition dismissed in default; same-day restoration prayer by counsel; automatic dismissal without reference to Court; urgent category listing 23.08.2024; continuation of interim relief.

What did the court decide?

Petition, initially dismissed for want of prosecution, restored the same day on counsel's prayer; interim relief to continue till the next date of hearing; matter stood over to 23.08.2024 in the 'urgent' category. ¶20

Purbha Tulsa Alias Tulsiram Dhutde and Another Vs Mohd. Jafar Shaikh Ismail — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

¶20

Issue for consideration

Whether the Petition should be dismissed for want of prosecution in view of the Petitioners' absence when the matter was called out. +1 more

¶13

Court's answer

The absence of the Petitioners when the matter was called out showed that they were not inclined to pursue the Petition; accordingly, the Petition was dismissed for want of prosecution.

¶14

Ratio / Principle

Since the prayer for restoration was made the same day as the dismissal in default, the Petition stood restored.

¶20

Key takeaways

If the Petitioners or their counsel fail to appear or work out the matter when it is called out on the next date of hearing, the matter shall stand dismissed without reference to the Court.ratio¶21
Interim relief in the Petition was directed to continue till the next date of hearing.ratio¶23

Detailed headnote1 paragraphs

Bombay High Court, Aurangabad Bench (R. M. Joshi, J.), Writ Petition No. 5563 of 2023 — Purbha Tulsa Alias Tulsiram Dhutde & another v. Mohd. Jafar Shaikh Ismail (decided 01.08.2024): None appearing for the Petitioners when the matter was called out, the Court held that their absence showed they were not inclined to pursue the Petition and dismissed it for want of prosecution. Later the same day, at 3.15 p.m., Mrs. M. A. Kulkarni, learned counsel for the Petitioners, sought restoration; as the prayer was made the same day, the Petition stood restored, with a clarification that any future failure of the Petitioners or their counsel to appear or work out the matter when called out on the next date of hearing would result in the matter standing dismissed without reference to the Court. The matter was stood over to 23.08.2024 in the 'urgent' category, with interim relief directed to continue till the next date of hearing.

Purbha Tulsa Alias Tulsiram Dhutde and Another v. Mohd. Jafar Shaikh Ismail

Case brief

What is this about?

What did the court decide?

Purbha Tulsa Alias Tulsiram Dhutde and Another v. Mohd. Jafar Shaikh Ismail

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

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