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Bombay High Court

SIDDHIVINAYAK CO-OPERATIVE HOUSING SOCIETY LTD.versusSHRI. MOHAN PANDURANG PRABHU AND ORS

Decided
Disposal
Disposed Off

Holding

The interim application is dismissed for want of prosecution.

Summary

The applicant, Atul Ganesh Kulkarni, filed an interim application in the High Court of Bombay in Writ Petition No.3111 of 2014 against respondents Mohan Pandurang Prabhu and others. No counsel appeared on behalf of the applicant, and the record shows a note that no representation was made for the applicant or respondent No.4. The respondents were represented by Dr. Dhruti Kapadia, Advocate General for respondents Nos.1 to 3. The Court examined whether the interim application could proceed in the absence of any prosecution. Finding that the application was not pursued and no party was present, the Court dismissed the interim application for want of prosecution. The order was pronounced by Justice Amit Borkar on 17 February 2026.

Issues considered

  • Whether the interim application should be dismissed for want of prosecution?

Subjects

  • interim application
  • dismissal
  • want of prosecution
  • civil procedure
  • high court

Judgment

                                                                  6-ia4334-2019 in wp3111-2014.doc


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

                                   INTERIM APPLICATION NO.4334 OF 2019
                                                   IN
                                      WRIT PETITION NO.3111 OF 2014

ATUL                  Siddhivinayak Cooperative Housing
GANESH                Society Limited                            … Applicant
KULKARNI
Digitally signed by
                                 V/s.
ATUL GANESH
KULKARNI
Date: 2026.02.17
                      Mohan Pandurang Prabhu & Ors.              … Respondents
14:50:09 +0530



                      None for the applicant/respondent No.4.
                      Dr. Dhruti Kapadia, AGP for respondent Nos.1 to 3-
                      State.



                                                 CORAM     : AMIT BORKAR, J.

                                                 DATED     : FEBRUARY 17, 2026
                      P.C.:

                      1.      None is present on behalf of the applicant. The interim
                      application stands dismissed for want of prosecution.


                                                                  (AMIT BORKAR, J.)




                                                       1


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