Bombay High Court
NAVNATH DATTU SHINDEversusSOU. TARAMATIN MADHUKAR SHIKETOD
- Disposal
- Dismissed
- Bench
- VRUSHALI V JOSHI
Holding
The petition is dismissed for failure to prosecute and lack of interest.
Summary
The petitioner filed a writ petition challenging a trial court order that rejected his application for condonation of delay in filing an appeal. The petition has been pending since 2016, and notices were issued on 25 July 2016. Although the High Court granted private service, the petitioner failed to serve the respondent and appeared disinterested in pursuing the matter. The court observed that the petitioner had not taken any steps to advance the petition. Consequently, the court held that there was no basis to continue the proceedings. The petition was therefore dismissed.
Issues considered
- What is the appropriate course of action when a petitioner fails to serve the respondent after private service is granted?
- Whether the petition should be dismissed for lack of interest and failure to prosecute?
Subjects
- Writ petition
- Condonation of delay
- Private service
- Dismissal for non‑prosecution
- High Court
Judgment
63-wp-2748-2016.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.2748 OF 2016
Navnath Dattu Shinde …..Petitioner
Vs.
Taramatin Madhukar Shiketod …..Respondent
None for the Petitioner.
CORAM : MRS. VRUSHALI V. JOSHI, J.
DATED : 24th MARCH 2026
P.C.:-
1. The Petitioner has filed this petition challenging the order
passed by the trial Court rejecting the application for condonation of
delay in filing the appeal. The Petition is pending since 2016. The
notices were issued on 25th July 2016. Though the private service
was granted by this Court, the Petitioner has not served the
Respondent. It appears that the Petitioner is not interested in
proceeding with the petition.
2. Hence, the Petition stands dismissed.
(MRS. VRUSHALI V. JOSHI, J.)
Digitally
signed by
RAJU
RAJU DATTATRAYA
DATTATRAYA GAIKWAD
GAIKWAD Date:
2026.03.25
12:05:44
+0530
Gaikwad RD 1/1
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