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Bombay High Court

SMT. VAIJAYANTI SADANAND TARUversusMULSHI DHARAN VIBHAG SHIKSHAN MANDAL, MALE (THORUGH ITS CHAIRMAN) AND ORS.

Decided
Disposal
Dissmiss For Default/Non-Prosecution

Holding

The writ petition is dismissed for non‑prosecution due to failure to serve the necessary party.

Summary

Petitioner Smt. Vaijayanti Sadanand Taru failed to appear before the Bombay High Court and did not comply with the court's order dated 21 February 2025 to serve copies of the petition on Respondent No. 5, a necessary party. The petitioner also did not file the required service affidavit for personal service permitted by the court. Because Respondent No. 5 remained unserved, the court held that the writ petition could not proceed. Consequently, the court dismissed the petition for non‑prosecution. No merits of the underlying claim were considered.

Issues considered

  • Whether a writ petition may proceed when a necessary party has not been served as ordered by the court

Subjects

  • service of process
  • non‑prosecution
  • writ petition
  • procedural default
  • necessary party

Judgment

                                                                             28-WP-10324-2017.docx


            rrpillai               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           CIVIL APPELLATE JURISDICTION
                                          WRIT PETITION NO. 10324 OF 2017

                              Smt. Vaijayanti Sadanand Taru            …     Petitioner
                                   Vs.
                              Mulshi Dharan Vibhag Shikshan            …     Respondents
                              Mandal and Others

                              None for the Petitioner.
                              Ms. Sulbha Chipade, AGP for the Respondent-State.

                                                     CORAM : GAURI GODSE, J.

                                                     DATE :        4th MARCH 2026

                              ORDER :

                              1.    None appears for the petitioner. By order dated

                              21st February 2025 learned Advocate for the petitioner was

                              granted time to supply copy for effecting service upon

                              respondent no. 5.

                              2.    Office remark shows that till date learned Advocate for

                              the petitioner has not taken steps to supply copies for

                              effecting service upon respondent no. 5.

                              3.    Service affidavit regarding personal service permitted

                              by this court is also not filed on record. Respondent no. 5 is a

                              necessary party and the petition cannot proceed in the
           Digitally signed
           by RAJESHWARI
RAJESHWARI RAMESH
                              absence of respondent no. 5.
RAMESH     PILLAI
PILLAI     Date:
           2026.03.05
           10:39:24 +0530
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                                            28-WP-10324-2017.docx


4.   Since none appears for the petitioner and no steps

have been taken despite orders passed by this court to serve

respondent no. 5, the writ petition is dismissed for non-

prosecution.



                                        [GAURI GODSE, J.]




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