Created by Fuzzy Cloud

Bombay High Court

REKHA ASHOK MAHALGAONKARversusAJIT CHANDRAKANT WAIKAR AND ORS.

Decided
Disposal
Disposed Off

Holding

The writ petition is dismissed for non‑prosecution.

Summary

The writ petition filed by Rekha Ashok Mahalgaonkar in 2009 remained pending for many years. The Court ordered the petitioner to furnish fresh addresses of Respondents No.2 and No.3 by 9 July 2023, granting a four‑week extension on 8 June 2026. The petitioner failed to comply, and despite a further deadline of 29 June 2026, no address was supplied. Subsequent orders on 5 August 2026 and 19 August 2026 gave the petitioner a final chance to appear, but the petitioner did not appear. The Court observed consistent default and lack of interest, and consequently dismissed the writ petition for non‑prosecution, vacating any interim relief.

Issues considered

  • Whether the writ petition should be dismissed for non‑prosecution due to the petitioner's failure to comply with the Court's directions and repeated defaults.

Subjects

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

Judgment

                                                                               4.as.wp.2862.2009.p.doc

       Digitally
       signed by
       VINA
VINA   ARVIND
ARVIND KHADPE
                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
KHADPE Date:                              CIVIL APPELLATE JURISDICTION
       2026.08.19
       17:26:40
       +0530

                                           WRIT PETITION NO.2862 OF 2009

                    Rekha Ashok Mahalgaonkar                                         ...Petitioner
                               Versus
                    Ajit Chandrakant Waikar and ors.                                 ...Respondents

                                                             ****
                    None for the Petitioner.
                    None for the Respondents.
                                                             ****

                                                   CORAM :          M.M. SATHAYE, J.
                                                     DATE :         19th AUGUST, 2026
                    P.C. :


                    1.            The Petition is pending since 2009.
                    2.            On 8.6.2026, the following order was passed:-
                                    “1.    From the office note, it is seen that the Petitioner has not
                                           supplied fresh address of Respondent Nos.2 and 3 as per
                                           order dated 09.07.2023.
                                    2.     At the request of learned counsel for the Petitioner, 4
                                           weeks time is granted, as a last chance, to supply fresh
                                           address as directed.
                                    3.     It is clarified that if the addresses are not supplied within
                                           stipulated time, the petition shall stand dismissed, as
                                           against unserved Respondents, without further reference
                                           to the Court.
                                    4.     Stand over to 29.06.2026.”


                    3.            On 05.08.2026, none appeared for Petitioner and following
                    order was passed :-
                                     “1.   Pursuant to the last order dated 08.07.2026 the petition is
                                           already dismissed against Respondent Nos.2 & 3. None
                                           appears for the Petitioner.
                                     2.    Stand over to 19.08.2026 as a last chance for the Petitioner to
                                           appear and proceed with the matter. To be listed ‘for
                                           dismissal.”


                    Vina Khadpe
                                                                1
                                                      4.as.wp.2862.2009.p.doc



4.            Today, the matter is listed for dismissal. However, nobody
appears for the Petitioner.
5.            There is consistent default. It appears that the Petitioner is not
interested in proceeding with the petition.
6.            Writ Petition is accordingly dismissed for non-prosecution.
Interim / ad-interim relief, if any, stands vacated.
7.            All concerned to act on duly authenticated or digitally signed
copy of this order.


                                              (M.M. SATHAYE, J.)




Vina Khadpe
                                         2


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.