Bombay High Court
Trupti Rohit BhandareversusRohit Chandrakant Bhandare
- Disposal
- Dismissed
Holding
The application is dismissed for non‑prosecution as the applicant failed to appear despite being cautioned.
Summary
The applicant filed a Miscellaneous Civil Application under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of a marriage petition (No. 356/2025) from the Civil Judge, Senior Division, Ichalkaranji to the Civil Judge, Senior Division, Satara. The court repeatedly called the applicant and the applicant's counsel to appear, but neither attended physically or via video conference. Despite a warning on 4 September 2026 that continued absence could lead to dismissal, the applicant remained absent. The court noted that the matter had not been circulated since 6 April 2026 and that the applicant had shown no intention to pursue the application. Consequently, the court dismissed the application for non‑prosecution.
Issues considered
- Can a Section 24 application for transfer of a suit be dismissed for non‑prosecution due to the applicant's failure to appear?
- Is the court empowered to dismiss the application without hearing on the merits when the applicant is absent despite warnings?
Legislation cited
- Code of Civil Procedure, 1908 — s. 24
Subjects
- Section 24 CPC
- transfer of suit
- non‑prosecution
- dismissal
- procedural default
- civil procedure
Judgment
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15-MCA-21-2026 (C).DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
MISC.CIVIL APPLICATION NO. 21 OF 2026
Trupti Rohit Bhandare …...Applicant
VERSUS
Rohit Chandrakant Bhandare …...Respondent
_________________________________________________________________
None for Applicant.
_________________________________________________________________
CORAM : ASHWIN D. BHOBE, J.
DATE : 10th SEPTEMBER, 2026.
P.C.
Digitally
signed by
SHANTANU
1. By the present Application filed under Section 24 of the Code of
SHANTANU SHANKARSA
SHANKARSA DHUDUM
DHUDUM Date:
2026.09.10
20:32:01
+0530
Civil Procedure, 1908, the Applicant has sought the following substantial
relief:
“a) To transfer the proceeding bearing Marriage Petition
No.356/2025 filed by the Respondent before the Ld. Civil
Judge Senior Division, Ichalkaranji to the Ld. Civil Judge
Senior Division, Satara.”
2. This Application is apparently filed on 12th January, 2026.
3. On 4th September, 2026, the following order was passed:
Shantanu S. Dhudum
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15-MCA-21-2026 (C).DOC
“1. When this matter was called out, neither the Applicant
nor the Advocate for the Applicant were present, either
physically or though V.C. mode.
2. On 9th March, 2026, the following order was passed:
“1. Despite circulating the matter, nobody
appeared for the Applicant. Therefore, the
matter was kept back. On second call also,
nobody is appearing for the Applicant.
2. Stand over to 06.04.2026.”
3. The records placed before this Court indicates that this
matter was not circulated since 6th April, 2026.
4. In view of the absence of the Applicant/Advocate for the
Applicant, list this matter on 10th September, 2026
under the caption “For Dismissal”.”
4. When the matter was called out, the name of the
Applicant/learned Advocate for the Applicant was called out by the Court
Sheristedar. Neither the Applicant nor the learned Advocate for the
Applicant was present, either physically or through V.C. mode.
5. The Applicant was afforded an opportunity on 4th September,
2026 to appear and argue the matter, with a caution that the absence may
result in dismissal of the Application. Despite the same, the Applicant has
chosen to remain absent. Apparently, the Applicant does not intend to
pursue the present Application.
Shantanu S. Dhudum
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15-MCA-21-2026 (C).DOC
6. In view of the above, Miscellaneous Civil Application No.21 of
2026 is dismissed for non-prosecution.
( ASHWIN D. BHOBE, J.)
Shantanu S. Dhudum
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