Bombay High Court
KUNDAN AILDAS THADANIversusASHOK AILDAS THADANI AND ANR
- Decided
- Disposal
- Dissmiss For Default/Non-Prosecution
Holding
The writ petition is dismissed for non‑prosecution.
Summary
The petitioner, Kundan Aildas Thadani, filed a writ petition before the Bombay High Court seeking relief against the respondents. No counsel appeared on behalf of the petitioner on the scheduled hearing date. A related civil application for recording the petitioner's heirs remains pending. The Court observed that the petitioner failed to prosecute the writ petition. Consequently, the Court dismissed both the writ petition and the civil application for non‑prosecution. No substantive merits of the dispute were addressed.
Issues considered
- Whether a writ petition may be dismissed for non‑prosecution when the petitioner fails to appear
- Whether the pendency of a related civil application affects the dismissal of the writ petition
Subjects
- non-prosecution
- writ petition
- civil application
- high court
- dismissal
Judgment
13-WP-2573-2017.docx
rrpillai IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 2573 OF 2017
WITH
CIVIL APPLICATION NO. 1099 OF 2018
Kundan Aildas Thadani … Petitioner
Vs.
Ashok Aildas Thadani and Anr. … Respondents
None for the Petitioner.
CORAM : GAURI GODSE, J.
DATE : 9th SEPTEMBER 2026
ORDER :
1. Even on the last date none had appeared for the
petitioner. Civil application for bringing on record heirs of the
petitioner is still pending.
2. The writ petition and the civil application are dismissed
for non-prosecution.
[GAURI GODSE, J.]
Digitally signed
by
RAJESHWARI RAJESHWARI
RAMESH
RAMESH PILLAI
PILLAI Date:
2026.09.10
14:25:01 +0530
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