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Bombay High Court

NAVNATH DATTU SHINDEversusSOU. TARAMATIN MADHUKAR SHIKETOD

Disposal
Dismissed

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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