Bombay High Court

SUBHASH MAHYA MALAVKARversusLAXMAN RAMA HADAL AND ORS

Decided: 8 January 2026
Disposal: Disposed Off
Bench: AMIT BORKAR

Holding

The applications were dismissed for non‑prosecution.

Summary

Two civil applications (Nos. 2797 of 2016 and 2783 of 2016) were filed before the Bombay High Court. No party appeared on behalf of the applicant/petitioner. The Court noted the lack of prosecution and consequently dismissed both applications. No substantive merits were addressed. The dismissal was made on procedural grounds of non‑prosecution.

Issues considered

Whether the Court can dismiss civil applications for non‑prosecution when the applicant fails to appear

Subjects

non-prosecution
dismissal
civil application
procedural default
Bombay High Court

Judgment

                                                                   42-caw-2797-2016 with connected.doc


                      Shabnoor
                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CIVIL APPELLATE JURISDICTION

                                      CIVIL APPLICATION NO.2797 OF 2016
                                                     WITH
SHABNOOR                              CIVIL APPLICATION NO.2783 OF 2016
AYUB
PATHAN                                                IN
Digitally signed by
SHABNOOR AYUB
                                        WRIT PETITION NO.5927 OF 2010
PATHAN
Date: 2026.01.08
18:04:34 +0530
                      Subhash Mahya Malavkar                           Applicant/
                                                                     … Petitioner
                               V/s.
                      Laxman Rama Hadal & Ors.                       … Respondents

                      None for the applicant/petitioner.
                      Mr. S. L. Babar, AGP, for the State – Respondent Nos. 3
                      to 6.


                                                  CORAM         : AMIT BORKAR, J.

                                                  DATED         : JANUARY 8, 2026
                      P.C.:

                      1.      None appears for the applicant.

                      2.      Accordingly, both the applications are dismissed for non-
                      prosecution.


                                                                     (AMIT BORKAR, J.)




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