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Bombay High Court

DR. SUMEDH VINAYAK ANATHPINDIKAversusTHE DIRECTOR, DIRECTORATE OF PRIMARY EDUCTION , PUNE AND ORS

Decided
Disposal
Dissmiss For Default/Non-Prosecution

Holding

The petition is dismissed for non‑prosecution.

Summary

The writ petition filed by Dr. Sumedh Vinayak Anathpindika in 2019 remained unattended for several years. The petitioner failed to appear before the High Court on multiple listed dates, including 8 October 2024, 10 September 2025, and again on the hearing date of 13 January 2026. The Court noted the petitioner’s apparent lack of interest in prosecuting the petition. Despite granting an additional adjournment, the petitioner still did not appear. Consequently, the Court exercised its inherent power to dismiss the petition for non‑prosecution. The dismissal was ordered jointly by Justices Sandesh D. Patil and Sarang V. Kotwal.

Issues considered

  • What is the appropriate remedy when a petitioner repeatedly fails to appear and prosecute a writ petition?

Subjects

  • writ petition
  • non‑prosecution
  • dismissal
  • high court
  • civil appellate jurisdiction
  • adjournment

Judgment

                                                                             19-WP-1953-2019.odt



                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIVIL APPELLATE JURISDICTION

                                      WRIT PETITION NO.1953 OF 2019

                      Dr. Sumedh Vinayak
                      Anathpindika                                  … Petitioner
                            Versus
SHARADA
                      The Director, Directorate Of
RANGNATH
WAHULE                Primary Eduction, Pune And
Digitally signed by
SHARADA
RANGNATH
                      Ors                                           … Respondents
WAHULE
Date: 2026.01.14
15:17:59 +0530




                                                     ****
                      None for the Petitioner.

                      Mr. M. M. Pabale, AGP for Respondent Nos.1, 3 and 5.

                                                     ****

                                        CORAM : SARANG V. KOTWAL &
                                                SANDESH D. PATIL, JJ.

                                        DATE     : 13th JANUARY, 2026

                      P.C. :


                      1.          Since long nobody is appearing for the Petitioner. The

                      Petition is pending since 2016. The order dated 8 th October, 2024

                      records that nobody had appeared for the Petitioner. It was also

                      observed that the Court would be inclined to pass the order of

                      dismissal. Even thereafter when the matter was listed on 10 th

                      September, 2025 nobody had appeared for the Petitioner. Only to



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                                                        19-WP-1953-2019.odt



give one more opportunity the matter was adjourned. Even today

nobody appears for the Petitioner. It appears that the Petitioner is

not interested in the prosecuting this Petition. Therefore, the

Petition is dismissed for non-prosecution.



(SANDESH D. PATIL, J.)                   (SARANG V. KOTWAL, J.)




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