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Bombay High Court

PARWANA AMARDEEP CO-OPERATIVE HOUSING SOCIETY LIMITEDversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Dissmiss For Default/Non-Prosecution

Holding

The petition was dismissed for non‑prosecution due to the petitioner’s failure to appear and pursue the case.

Summary

Parwana Amardeep Co‑Operative Housing Society Ltd. filed a writ petition, but after 10 April 2019 neither the petitioner nor its counsel appeared or took any steps to circulate the petition. The court observed that the petitioner appeared uninterested in pursuing the petition. Consequently, the court held that the petition could be dismissed for non‑prosecution. No substantive merits of the petition were examined. The judgment was delivered by Justices A.S. Gadkari and Kamal Khata. The petition was therefore dismissed.

Issues considered

  • Whether a writ petition may be dismissed for non‑prosecution when the petitioner fails to appear and does not take steps to pursue the petition?

Subjects

  • writ petition
  • non‑prosecution
  • dismissal
  • criminal appellate jurisdiction
  • court procedure

Judgment

DTG                                                          206-Wp.1695.2019.doc



                IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                      CRIMINAL APPELLATE JURISDICTION

                        WRIT PETITION NO. 1695 OF 2019

Parwana Amardeep Co-Operative
Housing Society Limited                                    … Petitioner
         V/s.
The State of Maharashtra                                   … Respondent
                   _______________________________________

None for Petitioner.

Mr. Ashish I. Satpute, A.P.P. for Respondent-State.
                 _______________________________________

                            CORAM : A. S. GADKARI AND
                                    KAMAL KHATA, JJ.
                            DATE  : 17th June 2026

P.C. :

1)              None for the Petitioner when called out for hearing.

2)              Record indicates that, after 10th April 2019, neither the

Petitioner nor its Advocate has taken any steps to circulate the Petition, even

once.

2.1)            It appears that, the Petitioner is not interested in pursuing the

Petition.

3)              Dismissed for non-prosecution.



                ( KAMAL KHATA, J. )                  ( A.S. GADKARI, J. )


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