Bombay High Court

SHIVANGI SAGAR SHINDE NEE SHIVANGI JAISINH NAIK NIMBALKARversusSAGAR DATTATRAY SHINDE

Disposal: Disposed Off

Holding

The application is dismissed for non‑prosecution.

Summary

The petitioner, Shivangi Sagar Shinde Nee, filed Miscellaneous Civil Application No. 380 of 2024 against the respondent, Sagar Dattatray Shinde. The Court cautioned the petitioner and the advocate on record, Mr. Aniket Jadhav, that the application would be dismissed for non‑prosecution if they failed to appear on the returnable date. Both the petitioner and the advocate were absent, neither physically nor via video conference, when the matter was listed for disposal. The Court, exercising its discretion, 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 Miscellaneous Civil Application should be dismissed for non‑prosecution due to the absence of the petitioner and counsel?

Subjects

non-prosecution
dismissal
civil application
procedural default
court procedure

Judgment

6-MCA-380-2024 (C).docx

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

CIVIL APPELLATE JURISDICTION

MISC.CIVIL APPLICATION NO. 380 OF 2024

Shivangi Sagar Shinde Nee …...Petitioner
Shivangi Jaisinh Naik Nimbalkar
Versus
Sagar Dattatray Shinde …...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 Applicant / Advocate for the Applicant were
cautioned that on the returnable date, this Application would be
dismissed for non-prosecution and as such, this Application is
listed today under the caption "For Dismissal".

2. Today, when this Application was called out, 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

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6-MCA-380-2024 (C).docx

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. Aniket Jadhav, 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. 380 of 2024 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
18:03:01
+0530

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