Bombay High Court
VIMAL VIJAY SHINDE @ VIMAL BHAGWAN MHATREversusCHANDRAKANT BHAGWAN MHATRE
- Decided
- Disposal
- DISPOSED OFF
- Bench
- SHARMILA U DESHMUKH
Holding
The suit was dismissed for non‑prosecution as the plaintiff did not appear or pursue the matter.
Summary
The plaintiff, Vimal Vijay Shinde, filed a testamentary suit against Chandrakant Bhagwan Mhatre and others. No counsel appeared on behalf of the plaintiff, and the plaintiff showed no interest in prosecuting the case. A related testamentary petition (No. 240 of 2012) had already been dismissed for non‑prosecution. The court noted the plaintiff's continued non‑appearance and lack of prosecution. Consequently, the court held that the suit could not survive for further consideration and ordered its dismissal. The matter was therefore disposed of without a trial.
Issues considered
- What is the appropriate consequence when a plaintiff fails to appear and shows no intention to prosecute a testamentary suit?
Subjects
- non‑prosecution
- testamentary suit
- dismissal
- procedural default
- court procedure
Judgment
2026:BHC-OS:815
12 TS-105-2013.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION
TESTAMENTARY SUIT NO. 105 OF 2013
IN
TESTAMENTARY PETITION NO. 230 OF 2012
Vimal Vijay Shinde @ Vimal Bhagwan Mhatre ...Plainti&
Versus
Chandrakant Bhagwan Mhatre and Others ...Defendants
——————
Mr. Akshay Pawar i/b Mr. Kunal Bhanage, Mr. Vasim Siddiqui for Caveator.
——————
CORAM : SHARMILA U. DESHMUKH, J.
DATE : JANUARY 13, 2026
P. C. :
1. None appears on behalf of Plainti&.
2. Even on last occasion, none had appeared on behalf of the
Plainti&.
3. The matter is listed today under the caption for 'dismissal'.
4. It appears that the Plainti& is not interested in prosecuting the
matter.
5. Testamentary Petition No. 240 of 2012 stands dismissed for non-
prosecution.
6. In view thereof, the Testamentary Suit No. 105 of 2013 does not
survive for consideration and stand disposed of.
[SHARMILA U. DESHMUKH, J.]
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