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, and the interim application was likewise disposed of.

Summary

The petitioner filed a writ petition on 14 January 2019 but failed to appear for any hearing and did not take any steps to circulate the petition. The court observed that the petitioner showed no interest in pursuing the matter. Consequently, the petition was dismissed for non‑prosecution. As a result, the pending interim application filed in the same proceedings was also disposed of. No substantive merits of the petition were considered.

Issues considered

Whether a writ petition can be dismissed for non‑prosecution when the petitioner fails to appear or act on it
Whether a pending interim application survives the dismissal of the main petition

Subjects

non-prosecution
writ petition
dismissal
interim application
court procedure

Judgment

DTG                                                         99-Wp.582.2019.doc



             IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                    CRIMINAL APPELLATE JURISDICTION

                     WRIT PETITION NO. 582 OF 2019
                                 WITH
                  INTERIM APPLICATION NO.1229 OF 2026

Waman Dattatraya Karve                                … Petitioner
       V/s.
The State of Maharashtra & Ors.                       … Respondents
                _______________________________________
None for Petitioner.
Smt. Madhavi H. Mhatre, 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.

14th January 2019, neither the Petitioner nor his 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. 1229 of

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



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

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