Bombay High Court

MR. HARISHCHANDRA GOVIND VAITYversusSHRI. CHANDRAKANT LAXMAN SHELAR

Decided: 17 August 2026
Disposal: Disposed Off

Holding

A writ petition may be dismissed for non‑prosecution where the petitioner fails to appear or be represented.

Summary

The petitioner, Shabnoor Ayub, filed a writ petition before the High Court of Bombay. No counsel or representative appeared on behalf of the petitioner at the hearing. The court also noted that the petitioner had not appeared on any earlier occasion. Because of this lack of representation, the court held that the petition was not being prosecuted. Consequently, the petition was dismissed for non‑prosecution.

Issues considered

Whether a writ petition can be dismissed for non‑prosecution due to the petitioner’s failure to appear or be represented?

Subjects

Writ Petition
Non‑prosecution
Dismissal
Civil Procedure

Judgment

                                                                            28-wp-13696-2018.doc


                      Shabnoor
                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CIVIL APPELLATE JURISDICTION

                                       WRIT PETITION NO.13696 OF 2018

SHABNOOR              Harishchandra Govind Vaity                   … Petitioner
AYUB
PATHAN                          V/s.
Digitally signed by
SHABNOOR AYUB
                      Chandrakant Laxman Shelar                    … Respondent
PATHAN
Date: 2026.08.17
15:33:40 +0530

                      None for the petitioner.


                                                   CORAM     : AMIT BORKAR, J.

                                                   DATED     : AUGUST 17, 2026
                      P.C.:

                      1.      None appears on behalf of the petitioner.

                      2.      Even on the earlier occasion no one had appeared on behalf
                      of the petitioner.

                      3.      Hence, the petition stands dismissed for non-prosecution.


                                                                    (AMIT BORKAR, J.)




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