Bombay High Court
KISHORE G. HASSIJAversusJ. G. HASSIJA
- Decided
- Disposal
- DISMISSED
- Bench
- FARHAN PARVEZ DUBASH
Holding
The suit was dismissed for non‑prosecution due to the plaintiff's default.
Summary
Kishore G. Hassija filed a testamentary suit (No. 13 of 2001) against J. G. Hassija. The plaintiff repeatedly failed to appear before the Bombay High Court despite several orders directing his presence. On 6 January 2026, the court warned that continued absence would result in dismissal for non‑prosecution. The plaintiff remained absent on the next hearing dated 13 January 2026. Consequently, the court dismissed the testamentary suit and any pending interim applications for lack of prosecution.
Issues considered
- Whether a testamentary suit may be dismissed for non‑prosecution when the plaintiff persistently fails to appear before the court.
Subjects
- testamentary suit
- non‑prosecution
- default
- dismissal
- civil procedure
Judgment
1. TS/13/2001
Kishore vs. J. G. Hassija
Digitally signed
by JYOTI
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
JYOTI PRAKASH
PRAKASH PAWAR
PAWAR Date:
2026.01.13
TESTAMENTARY AND INTESTATE JURISDICTION
20:47:37 +0530
TESTAMENTARY SUIT NO. 13 OF 2001
IN
TESTAMENTARY PETITION NO. 1107 OF 2000
WITH
NOTICE OF MOTION (TESTAMENTARY) NO. 147 OF 2019
IN
TESTAMENTARY SUIT NO. 13 OF 2001
WITH
INTERIM APPLICATION (L) NO. 18326 OF 2025
IN
TESTAMENTARY SUIT NO. 13 OF 2001
Kishore G. Hassija … Plaintiff
Versus
J. G. Hassija … Defendant
______________________________________
Mr. Bhuvan Thakker i/b Malvi Ranchoddas & Co. for Applicants in
IAL/18326/2025.
Ms. Priyanka Pardeshi i/b Ms. Rita Bhatia from RDB Legal for Respondent
No. 1(a) to 1(c).
None for Plaintiff.
_______________________________________
CORAM : FARHAN P. DUBASH, J.
DATE : 13th JANUARY 2026
P.C.:
1. As more particularly noted in several earlier orders passed by
Page 1 of 2
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Order dated 13th January 2026
1. TS/13/2001
Kishore vs. J. G. Hassija
this Court, the Plaintiff has consistently not appeared.
2. By an order dated 6th January 2026, this Court noted the said
default on the part of the Plaintiff and placed the matter today for dismissal
whilst putting the Plaintiff to notice that if he fails to remain present, this
Court will have no other option but to proceed to pass an order dismissing
the Testamentary Suit for non-prosecution.
3. Despite this order, none appears for the Plaintiff today. In the
above circumstances, this Court is constrained to dismiss the present
Testamentary Suit for non-prosecution.
4. All Interim Applications if any, are also disposed of in terms of
the above order.
( FARHAN P. DUBASH, J. )
Shubham Gadhavepatil
Page 2 of 2
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Order dated 13th January 2026
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