Bombay High Court

VISHWANATH RAMESHWAR MULKEWARversusVAISHALI VISHWANATH MULKEWAR AND ANOTHER

Disposal: DISMISSED

Holding

The application is dismissed for want of prosecution.

Summary

The High Court noted that the applicant had failed to appear for three consecutive hearing dates, including the most recent one. The court had previously warned that continued non‑appearance would be deemed a loss of interest in prosecuting the matter. Since the applicant remained absent, the court exercised its inherent power to dismiss the application for want of prosecution. No merits of the underlying dispute were addressed. The dismissal was entered solely on procedural grounds.

Issues considered

Whether the application should be dismissed for want of prosecution due to the applicant's repeated non‑appearance?

Subjects

procedural law
non‑appearance
dismissal for want of prosecution
high court practice

Judgment

2026:BHC-AUG:44958




                                                -1-

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                            913 CRIMINAL APPLICATION NO. 4763 OF 2025
                                      IN REVNST/13237/2025

                              VISHWANATH RAMESHWAR MULKEWAR
                                            VERSUS
                         VAISHALI VISHWANATH MULKEWAR AND ANOTHER
                                             WITH
                             CRIMINAL APPLICATION NO. 4764 OF 2025
                                      IN REVNST/13237/2025

                             VISHWANATH RAMESHWAR MULKEWAR
                                           VERSUS
                        VAISHALI VISHWANATH MULKEWAR AND ANOTHER
                                            WITH
                   CRIMINAL REVISION APPLICATION (STAMP) NO. 13237 OF 2025

                              VISHWANATH RAMESHWAR MULKEWAR
                                           VERSUS
                         VAISHALI VISHWANATH MULKEWAR AND ANOTHER

              None for the Applicant.
              Mr.N.Y.Chavan, Advocate for Respondent No.2.

                                   ( CORAM : SUSHIL M. GHODESWAR, J. )

                                     DATE : 30th SEPTEMBER, 2026

              PER COURT :


              1.             Vide order dated 08.09.2026, This Court has already

              observed that if none appears for the Applicant on the next date of

              hearing, this Court shall presume that the Applicant has lost interest in



              khs/Sept.2026/4763
                                    -2-

prosecuting the matter and shall proceed further.



2.             The Applicant is absent since last 2 dates. Today also he is

not present.



3.             In that view of the matter, the instant Application is

dismissed for want of prosecution.




                                        ( SUSHIL M. GHODESWAR, J.)




khs/Sept.2026/4763

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