Bombay High Court

KANCHAN DEVI KOTHARI AND ANR.versusUNION OF INDIA AND ORS.

Decided: 2 February 2026
Disposal: Dissmiss For Default/Non-Prosecution
Bench: A S GADKARI SHYAM C CHANDAK

Holding

The petition is dismissed for non‑prosecution due to the petitioners' failure to appear and lack of interest.

Summary

The petitioners, Kanchan Devi Kothari & Anr, filed a writ petition before the Bombay High Court. The petitioners failed to appear for hearing on multiple occasions, including on 26 July 2017, 23 August 2017, and again on 2 February 2026. The court noted that the petitioners had not been present when called out for hearing. It further observed that the petitioners appeared uninterested in pursuing the petition. Consequently, the court dismissed the petition on the ground of non‑prosecution. The dismissal was recorded by both judges on the date of the hearing.

Issues considered

What is the appropriate procedural response when petitioners repeatedly fail to appear for hearing and show no interest in pursuing the petition?

Subjects

writ petition
non‑prosecution
dismissal
procedural default
court appearance

Judgment

                    KSG                                                           20-WP-2749-2014.doc



                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                          CRIMINAL APPELLATE JURISDICTION

                                            WRIT PETITION NO. 2749 OF 2014

                    Kanchan Devi Kothari & Anr                                   … Petitioners
                             V/s.
                    Union of India & Ors                                         … Respondents
                                        _______________________________________

                    None for the Petitioners.
                    Mr. Vinod Chate, A.P.P. for Respondent-State.
                                    _______________________________________

                                                CORAM : A. S. GADKARI AND
                                                        SHYAM C. CHANDAK, JJ.
                                                DATE  : 2nd FEBRUARY 2026

                    P.C. :

                    1)              None for Petitioners, when called out for hearing.

                    1.1)            Record indicates that, even on earlier occasions i.e. on 26 th July
        Digitally
        signed by
        KIRAN
KIRAN SANJAY
                    2017 and 23rd August, 2017, none had appeared for the Petitioners.
SANJAY GHUGE
GHUGE Date:
       2026.02.04
        11:54:07
        +0530
                    2)              It appears that, the Petitioners are not interested in pursuing the

                    Petition.

                    3)              Dismissed for non-prosecution.




                             ( SHYAM C. CHANDAK, J. )                      ( A.S. GADKARI, J. )




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