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Bombay High Court

KESHAV MALAJI MAKWANA AND ANRversusTHE SR. P.I. AND ORS

Decided
Disposal
Dissmiss For Default/Non-Prosecution

Holding

A writ petition is dismissed for non‑prosecution if the petitioners fail to appear before the court.

Summary

On 15 June 2026 the petitioners, Keshav Malaji Makwana & Anr., failed to appear before the Bombay High Court for their writ petition. The matter was listed for hearing on the same day and again on 22 June 2026, but the petitioners remained absent. No representation was made on either occasion. The Court, noting the lack of appearance, dismissed the petition on the ground of non‑prosecution. The dismissal was recorded by both judges on 30 June 2026.

Issues considered

  • Whether a writ petition may be dismissed for non‑prosecution when the petitioners do not appear before the court

Subjects

  • writ petition
  • non‑prosecution
  • procedural dismissal
  • civil procedure

Judgment

                                                          1/1                             34-WP-2571-26.odt

                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CRIMINAL APPELLATE JURISDICTION

                                             WRIT PETITION NO.2571 OF 2026

                         Keshav Malaji Makwana & Anr.                               .... Petitioners

                                       versus

                         The Sr. P. I.,
                         Charkop Police Station & Ors.                              .... Respondents
                                                            …....

                         •     None for Petitioners.
                         •     Ms. Supriya Kak, APP for the State/Respondent.

                                                CORAM       : SARANG V. KOTWAL &
                                                              ASHISH S. CHAVAN, JJ.
                                                DATE        : 22nd JUNE, 2026

                         P.C. :


                         1.            On    15/06/2026,        nobody        was     present     for    the

                              Petitioners. The matter was placed on today’s board. Even today

                              nobody appears for the Petitioners.



                         2.            Therefore,   the    Petition      is    dismissed        for     non-

                              prosecution.
MANUSHREE
NESARIKAR

Digitally signed by
MANUSHREE
NESARIKAR
Date: 2026.06.30
11:37:50 +0530
                                  (ASHISH S. CHAVAN, J.)                  (SARANG V. KOTWAL, J.)

             Nesarikar


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