Bombay High Court
ARCHANA PRASHANT DIKAREversusPRASHANT BABASAHEB DIKARE
- Disposal
- DISMISSED FOR NON-PROSECUTION/DEFAULT AT ADMISSION STAGE
- Bench
- ABHAY MANTRI
Holding
The application is dismissed for want of prosecution because the applicant failed to appear or take necessary steps for several years.
Summary
The applicant, Archana Prashant Dikare, filed a miscellaneous civil application seeking transfer of a family matter (H.M.P. No. 1111 of 2016) from the Pune Court to the Aurangabad Family Court. The High Court had earlier stayed the proceedings on 8 March 2017 and directed the applicant to furnish the correct address within a week, warning of dismissal. Despite multiple adjournments, the applicant failed to appear or serve the respondent from 2017 onward, with no activity recorded after September 2022. The Court observed that the applicant’s inaction indicated a lack of interest in prosecuting the application and was merely protracting the proceedings. Consequently, the Court dismissed the miscellaneous civil application for want of prosecution and vacated any interim relief, directing the order to be communicated to the concerned court in Pune.
Issues considered
- Whether the miscellaneous civil application seeking transfer of the family matter should be dismissed for want of prosecution due to the applicant's failure to appear and serve the respondent.
Subjects
- civil procedure
- want of prosecution
- dismissal
- transfer of suit
- family court
- stay order
Judgment
2026:BHC-AUG:18930
911-MCA-49-17.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
MISCELLANEOUS CIVIL APPLICATION NO. 49 OF 2017
Archana Prashant Dikare ..APPLICANT
VERSUS
Prashant Babasaheb Dikare ..RESPONDENT
....
CORAM : ABHAY J. MANTRI, J.
DATE : 28th APRIL, 2026
PER COURT :
1. None appears for the Applicant either in the Court Hall or through
V.C. when the matter is called out. Perused the record as well as the status
report of H.M.P. No. 1111 of 2016 obtained from the official website of the
Court.
2. By this Application, the Applicant has sought transfer of H.M.P. No.
1111 of 2016 from the Court of learned C.J. S.D., Pune to the learned Family
Court, Aurangabad. It appears that by order dated 08 th March, 2017, this
Court stayed the proceeding pending before the learned C.J.S.D., Pune. It
also appears that since 21st April, 2017, the Application has been pending for
taking steps. By order dated 11 th July, 2017, this Court passed a detailed
order observing that if the correct address is not furnished within one week,
then the matter shall stand dismissed without further reference to the Court.
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911-MCA-49-17.odt
Again, vide order dated 13th November, 2017, the matter was adjourned as a
last chance. Since 30th September, 2022, no one has appeared for the
Applicant. Lastly, on 17th April, 2026, none appeared for the Applicant, and
therefore, the matter was posted for ‘Dismissal/Passing Orders’.
3. As the Application has been pending since 2017 and by order dated
08th March, 2017, a stay has been granted to the proceeding, it seems that the
Applicant is not interested in prosecuting the Application. Only with a view to
protracting the proceedings, steps have not been taken to serve the
Respondent since 2017. Hence, the Miscellaneous Civil Application is dismissed
for want of prosecution. Interim relief is vacated. Inform the order to the
concerned Court, i.e. learned C.J.S.D. / Family Court, Pune, accordingly.
4. The Application is disposed of.
( ABHAY J. MANTRI, J. )
SSD
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