Bombay High Court

SHOBHA SAILESH TIPNISversusRAJASHREE MANOHAR SAWANT, C.A. OF MAHARASHTRA EXECUTOR and TRUSTEE CO. PVT. LTD

Decided: 1 October 2026
Disposal: DISPOSED OFF

Holding

The suit was dismissed for non‑prosecution as the plaintiff was not desirous of prosecuting the case.

Summary

The plaintiff, Shobha Sailesh Tipnis, initiated a testamentary suit but expressed a desire to withdraw the case. On a prior hearing, the court noted the plaintiff's intention to withdraw and adjourned the matter. At the subsequent hearing, the plaintiff failed to appear again, leading the court to conclude that the plaintiff was not interested in prosecuting the suit. Consequently, the court dismissed the testamentary suit for non‑prosecution. The defendant was granted liberty to initiate any appropriate proceedings thereafter.

Issues considered

Whether the court can dismiss a testamentary suit on account of the plaintiff's failure to appear and apparent desire to withdraw

Subjects

testamentary suit
non‑prosecution
withdrawal
civil procedure
court dismissal

Judgment

                                                                                    7.50.18-TS.DOC



                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    ORDINARY ORIGINAL CIVIL JURISDICTION
                                      TESTAMENTARY SUIT NO. 50 OF 2018
                                                           IN
                                  TESTAMENTARY PETITION NO. 2197 OF 2016
                      Shobha Sailesh Tipnis                                  … Plaintiff
BASAVRAJ              Versus
GURAPPA
PATIL                 Rajashree Manohar Sawant,
Digitally signed by
BASAVRAJ GURAPPA
PATIL                 C.A. Of Maharashtra Executor &
Date: 2026.10.01
19:11:59 +0530
                      Trustee Co. Pvt. Ltd.                                  … Defendant

                      None for the Plaintiff
                      Mr. C. S. Joshi a/w. Mr. Abhay M. C. Joshi for the Defendant

                                                CORAM       :     ARIF S. DOCTOR, J.
                                                DATE        :     1st OCTOBER 2026
                      P.C.

                      1.     On previous occasion, the Court had passed the following order:

                             “1. The matter was stood over today since on the previous
                             occasion the Plaintiff was desirous of withdrawing the matter.
                             2.     Today, none appears for the Plaintiff.

                             3.     Stand over to 1st October 2026, for dismissal.”

                      2.     Today again, none appeared for the Plaintiff. Hence, it is clear,

                      to my mind that the Plaintiff is not desirous of prosecuting the

                      captioned Suit.       The Testamentary Suit is dismissed for non

                      prosecution.


                      3.     The Defendant is at liberty to take out appropriate proceedings.




                                                                        [ARIF S. DOCTOR, J.]




                      Basavraj                                                                Page|1

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