1 924-wp-9215-2023 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 9215 OF 2023 Lala Shankarrao Pawar VERSUS Rama Shankarrao Pawar ... Mr. A. B. Bhagat h/f Mr. G. P. Darandale, Advocate for Respondent ….. CORAM : AJIT B. KADETHANKAR, J. DATED : 27TH AUGUST, 2026 P.C. :- . In a suit of 2017, an application came to be filed by the plaintiff seeking permission to lead evidence by way of secondary evidence. The application was sought to be filed under Section 65 of the Indian Evidence Act which was filed in the year 2021. The said application came to be turned down by the Civil Court. 2. While issuing notice in the present Writ Petition, this Court stayed the impugned order. Suffice to note, stay to the suit proceedings. The matter was adjourned to today vide order dated 20.08.2026 granting a last chance. 3. Today, when the matter was called out in the first session, nobody was present for the petitioner. Even when the matter was called out in the second session, none appeared for the petitioner. It is pertinent to note that, earlier also by order dated 10.03.2026, this Court was constrained to dismiss 2026:BHC-AUG:38949 2 924-wp-9215-2023 the Writ Petition in default for want of prosecution. Subsequently, a Civil Application No.5341 of 2026 was filed for restoration of Writ Petition. The said Civil Application was allowed and the Writ Petition came to be restored. 4. As observed above, today on both occasions when the matter was called out, nobody has caused appearance on behalf of the petitioner. It appears that the petitioner has lost his interest in prosecuting the Writ Petition or has taken undue advantage of the last order restoring the Writ Petition. 5. In view of the above, the Writ Petition stands dismissed for want of prosecution. 6. In the event of a prayer for restoration of the Writ Petition, a costs of Rs.20,000/- shall be a condition precedent to have been deposited in the Registry of this Court. ( AJIT B. KADETHANKAR, J. ) Rushikesh/2026