Bombay High Court

D.S. KULKARNI DEVELOPERS LIMITEDversusTHE STATE OF MAHARASHTRA AND ORS

Decided: 17 June 2026
Disposal: Disposed Off
Bench: A S GADKARI KAMAL KHATA

Holding

The petition was dismissed for non‑prosecution.

Summary

Aishwarya Yogesh Joshi filed a writ petition before the Bombay High Court on 14 January 2019 challenging actions of the State of Maharashtra and others. The petitioner failed to appear for the hearing and, according to the record, made no effort to circulate the petition since its filing. The Court observed that the petitioner appeared uninterested in pursuing the relief sought. Consequently, the Court dismissed the petition on the ground of non‑prosecution. The pending interim application was also disposed of as it could not survive the dismissal of the main petition.

Issues considered

Whether a writ petition may be dismissed for non‑prosecution when the petitioner fails to appear or take steps to advance the case?

Subjects

writ petition
non‑prosecution
dismissal
procedural default
Bombay High Court

Judgment

DTG                                                           97-Wp.580.2019.doc



              IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                     CRIMINAL APPELLATE JURISDICTION

                      WRIT PETITION NO. 580 OF 2019
                                  WITH
                   INTERIM APPLICATION NO.1227 OF 2026

Aishwarya Yogesh Joshi                                … Petitioner
       V/s.
The State of Maharashtra & Ors.                       … Respondents
                   _______________________________________
None for Petitioner.
Mr. J.P. Yagnik, A.P.P. for Respondent-State.
Mr. Akshay Doctor a/w Mr. Parag Sawant, Mr. Shadad Khan, Mr. B. Singh and
Mr. Aaryan Parab i/b P.S. Chambers for DS Kulkarni Developers Ltd.
                   _______________________________________

                          CORAM : A. S. GADKARI AND
                                  KAMAL KHATA, JJ.
                          DATE  : 17th June 2026
P.C. :

1)           None for the Petitioner when called out for hearing.

2)           Record indicates that, since the date of filing of the Petition i.e. 14 th

January 2019, neither the Petitioner nor her Advocate has taken any steps to

circulate the Petition, even once.

2.1)         It appears that, the Petitioner is not interested in pursuing the

Petition.

3)           Petition is dismissed for non-prosecution.

4)           In view of disposal of Petition, Interim Application No. 1227 of

2026 pending therein, does not survive and is accordingly disposed off.



             ( KAMAL KHATA, J. )                      ( A.S. GADKARI, J. )

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