Bombay High Court
ANIL ALIAS GANESH JANARDHAN GAVDEversus1(A) VAISHALI RAJENDRA GAVDE and ORS.
- Decided
- Disposal
- DISMISSED
- Bench
- FARHAN PARVEZ DUBASH
Holding
The court dismissed the interim application for non‑prosecution due to the applicant's non‑appearance.
Summary
The plaintiff Anil alias Ganesh Gavde filed Interim Application No. 1694 of 2020 seeking a non‑prosecution order against Vaishali Gavde and others. The court had earlier warned the parties to appear, noting that the claimants were absent on 9 January 2026. On the scheduled date, 23 January 2026, the plaintiff again failed to appear before the court. The judge observed that without the plaintiff’s presence the court could not entertain the application. Consequently, the court dismissed the interim application for non‑prosecution. The order underscores the procedural requirement of party presence for obtaining interim relief.
Issues considered
- Whether an interim application for non‑prosecution can be entertained when the applicant fails to appear before the court
Subjects
- interim application
- non‑prosecution
- procedural default
- civil procedure
- absence of parties
Judgment
44.( a)IA/1694/2020
Anil alias Ganesh Gavde Vs. 1(A) Vaishali Gavde
Digitally
signed by
JYOTI
JYOTI PRAKASH
PRAKASH
PAWAR
PAWAR
Date:
2026.01.28
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
12:00:03
+0530 ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION NO. 1694 OF 2020
IN
SUIT NO. 4097 OF 1990
Anil alias Ganesh Janardan Gavde … Applicant/Plaintiff
V/s.
1(A) Vaishali Rajendra Gavde & Ors. … Defendants
_______________________________________
Mr. Deepak S. Bhalerao, Second Assistant to the Court Receiver.
Ms. Bhavana Anklesaria i/b. Mr. Deepak Jamsandekar for Applicant/Plaintiff.
_______________________________________
CORAM : FARHAN P. DUBASH, J.
DATE : 23rd JANUARY 2026
P. C.:
1. As more particularly recorded in the order dated 9 th January
2026, the Claimants were not present and accordingly, the matter was stood
over to today and they were given one last chance to remain present, failing
which, they were put to notice that this Court would pass necessary orders in
the matter even in their absence.
2. Despite the above, none appears for the Applicant today, in these
circumstances this Court has no other option but to dismiss Interim
Page 1 of 2
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Order dated 23rd January 2026
44.( a)IA/1694/2020
Anil alias Ganesh Gavde Vs. 1(A) Vaishali Gavde
Application No. 1694 of 2020 for non-prosecution.
3. Accordingly, present Interim Application is dismissed for non-
prosecution.
( FARHAN P. DUBASH, J. )
Ajay Jadhav
44. (a)IA/1694/2020
Page 2 of 2
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Order dated 23rd January 2026
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