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Bombay High Court

SANDHYA DHEERAJ AYYAR ALIAS SANDHYA SACHIDANANAD YADAVversusDHEERAJ RAJIV AYYAR

Disposal
Disposed Off

Holding

The Court dismissed the application for non‑prosecution due to the applicant’s and counsel’s failure to appear.

Summary

The petitioner, Sandhya Dheeraj Ayyar, filed Misc. Civil Application No. 221 of 2025. A notice was issued to the respondent on 19 December 2025. The petitioner and her counsel, Mr. Mohite Nitesh Jaywant, failed to appear on the scheduled date of 28 August 2026 and again on 16 September 2026, despite being cautioned that the matter would be dismissed for non‑prosecution. The Court, exercising its discretion, listed the matter once more for 24 September 2026 as a final opportunity, but the petitioner and counsel were again absent. Consequently, the Court dismissed the application for non‑prosecution and vacated any interim orders that might have been in force.

Issues considered

  • Whether the Court may dismiss a civil application for non‑prosecution when the applicant and counsel fail to appear despite notice and prior warnings.

Subjects

  • dismissal
  • non‑prosecution
  • civil procedure
  • court discretion
  • absence of parties

Judgment

                                                          9-MCA-221-2025 (C).docx


           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CIRCUIT BENCH AT KOLHAPUR
                   CIVIL APPELLATE JURISDICTION

                 MISC.CIVIL APPLICATION NO. 221 OF 2025

Sandhya Dheeraj Ayyar @                               …...Applicant
Sandhya Sachidananad Yadav
                  Versus
Dheeraj Rajiv Ayyar                                   …...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 Application is of the year 2025.
         2.   Notice was issued to the Respondent on 19th December
              2025.
         3.   When this Application was called out neither the Applicant
              nor the Advocate for the Applicant was present in Court
              either physically or though V.C. mode.
         4.   To afford an opportunity to the Applicant/ Advocate for the
              Applicant, list this matter on 16th September 2026, under
              the caption 'For Dismissal'


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                              2.   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.
                              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, Mr. Mohite Nitesh Jaywant, 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. 221 of 2025 is dismissed for non-

                       prosecution.


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


           Digitally signed
           by OMKAR
           SHIVAHAR
OMKAR      KUMBHAKARN
SHIVAHAR
KUMBHAKARN Date:
                                                              [ ASHWIN D. BHOBE, J. ]
           2026.09.24
           18:04:49
           +0530




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