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Bombay High Court

NEHA OM NERIKAR MAIDEN NAME NEHA SUNIL BADAVEversusOM CHANDRASHEKHAR MERIKAR

Disposal
Disposed Off

Holding

The application is dismissed for non‑prosecution.

Summary

Neha Om Nerikar filed Misc. Civil Application No. 105 of 2025 seeking relief against Om Chandrashekhar Nerikar. The Court issued notices and set dates for filing an affidavit of service, but the applicant and her advocate, Mr. Bagwe Anil Pandurang, failed to appear on multiple occasions, including the final date listed for disposal. Despite repeated warnings that the application would be dismissed for non‑prosecution, no representation was made either in person or via video conference. Consequently, the Court dismissed the application for non‑prosecution and vacated any interim orders that might have been in force. The dismissal was entered as a final order.

Issues considered

  • Whether the Court may dismiss a miscellaneous civil application for non‑prosecution due to the applicant's failure to appear despite prior warnings

Subjects

  • non‑prosecution
  • dismissal
  • procedural default
  • miscellaneous civil application
  • court procedure

Judgment

                                                                7-MCA-105-2025 (C).docx


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CIRCUIT BENCH AT KOLHAPUR

                       CIVIL APPELLATE JURISDICTION

                MISC.CIVIL APPLICATION NO. 105 OF 2025

Neha Om Nerikar                                         …...Applicant
Maiden name Neha Sunil Badave
                 Versus
Om Chandrashekhar Nerikar                               …...Respondent


                                  ——————
None for Applicant.
None for Respondent.
                                  ——————

                                  Coram :       ASHWIN D. BHOBE, J.

                                  Date      :   24th September 2026.

PER COURT :


1.    On 16th September 2026, the following order was passed.

        “1. On 18.04.2026, the following order was passed :-

           1. Nobody appears on behalf of the Applicant.

           2. Stand over to 4th May, 2026 for filing affidavit of service.

        2. On 28.08.2026, the following order was passed :-

            1. This transfer Application is of the year 2025.

            2. Notice to the Respondent was issued on 7th March 2025.

            3. Today when this Application was called out, neither the


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                 Applicant nor the Advocate for the Applicant was present in
                 Court either physically or though VC. mode.

            4. None present for the Respondent.

            5. To afford an opportunity to the Applicant / Advocate for the
                 Applicant to appear, list this matter on 16th September 2026,
                 under the caption 'For Dismissal'.

        3. Despite the Applicant / Advocate for the Applicant being cautioned
            that on the returnable date, this Application would be dismissed
            for non-prosecution and as such, this Application, being listed
            today under the caption "For Dismissal", neither the Applicant nor
            the Advocate for the Applicant are present in Court either
            physically or through VC mode.

        4. As a matter of indulgence and as a last and final opportunity to the
            Applicant / Advocate for the Applicant to appear and argue the
            case, list this Application on 24.09.2026, under the caption "For
            Disposal".”



2.    Today, this matter is listed under the caption “For Disposal”. When the

matter was called out, the name of the Applicant and the Advocate-on-

Record, Mr. Bagwe Anil Pandurang, was called out by the Sheristedar.

However, none appeared either physically or through VC mode.


3.    In view of the absence of the Applicant / the Advocate for the

Applicant, this Court is left with no other alternative but to dismiss this

Application for non-prosecution.



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                      4.      Misc. Civil Application No. 105 of 2025 is dismissed for non-

                      prosecution.


                      5.      Interim orders, if any, operating in the matter, stand vacated.




                                                              [ ASHWIN D. BHOBE, J. ]


           Digitally signed
           by OMKAR
           SHIVAHAR
OMKAR      KUMBHAKARN
SHIVAHAR
KUMBHAKARN Date:
           2026.09.24
           18:05:46
           +0530




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