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Bombay High Court

PRIYANKA W/O SUNIL KASHIDversusSUNIL NARAYAN KASHID

Disposal
Disposed Off

Holding

The application was dismissed for non‑prosecution.

Summary

The applicant, Priyanka, filed a transfer application (Misc. Civil Application No. 115 of 2025) seeking relief against the respondent, Sunil. Notice was issued on 2 May 2025 and ad interim relief was granted. The court warned that the application would be dismissed for non‑prosecution if the applicant or counsel failed to appear on the returnable date. Despite a final opportunity being given for a hearing on 24 September 2026, neither the applicant nor Advocate Dupare Dakshata Balu appeared, either in person or via video conference. Consequently, the court dismissed the application for non‑prosecution and vacated any interim orders that were in force.

Issues considered

  • What is the appropriate consequence when a party and its counsel fail to appear for a listed hearing despite prior warning?

Subjects

  • civil procedure
  • non‑prosecution
  • transfer application
  • dismissal
  • interim orders

Judgment

                                                           8-MCA-115-2025 (C).docx


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

                       CIVIL APPELLATE JURISDICTION

                 MISC.CIVIL APPLICATION NO. 115 OF 2025

Priyanka W/o Sunil Kashid                             …... Applicant
                    Versus
Sunil Narayan Kashid                                  …...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 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 2nd May 2025
               and ad interim relief was granted.
               3. Today when this Application was called out, neither the
               Applicant nor the Advocate for the Applicant was present in
               Court either physically or though VC. mode.
               4. None present for the Respondent.
      2.    Despite the Applicant / Advocate for the Applicant being


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                                                                                  8-MCA-115-2025 (C).docx


                                   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.
                              3.   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, Adv. Dupare Dakshata Balu, was called out by the Sheristedar.

                       However, none appeared either physically or through VC mode.


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

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

                       Application for non-prosecution.


                       4.     Misc. Civil Application No. 115 of 2025 is dismissed for non-

                       prosecution.


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


           Digitally signed
           by OMKAR
           SHIVAHAR
OMKAR
SHIVAHAR
           KUMBHAKARN                                         [ ASHWIN D. BHOBE, J. ]
KUMBHAKARN Date:
           2026.09.24
           17:59:40
           +0530




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