Bombay High Court

KAIKHUSHRU ARDESHIR IRANI (DELETED SINCE DECD.) AND ORS.versusSHRI. SHIVAJI VYAYAM SHALA THROUGH ITS TRUSTEES / PUNCHAS / CHALAKAS

Decided: 25 June 2026
Disposal: Dismissed
Bench: RAJESH S PATIL

Holding

The writ petition is dismissed for default due to the petitioner's failure to prosecute.

Summary

The petitioners filed a writ petition under Article 227 of the Constitution challenging an order of the Appellate Court of the Small Causes at Mumbai that remanded the case back to the trial court. The petition was filed on 26 November 2018 and remained pending for several years. The petitioner's counsel failed to take any steps for urgent circulation and was absent when the matter was called on 3 April 2024, indicating a loss of interest in pursuing the petition. The High Court observed the lack of prosecution and dismissed the writ petition for default. Consequently, the order of the lower appellate court stands undisturbed.

Issues considered

What is the appropriate consequence when a petitioner fails to prosecute a writ petition filed under Article 227?

Legislation cited

Constitution of India — s. Article 227

Subjects

Article 227
writ petition
default dismissal
civil appellate jurisdiction
Small Causes Court

Judgment

  2026:BHC-AS:26150



                               Diksha Rane                                                20 WP 30642019.doc




                                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                       CIVIL APPELLATE JURISDICTION
                                                       20 WRIT PETITION NO. 3064/2019
                               KAIKHUSHRU ARDESHIR IRANI
                               (DELETED SINCE DECD.) AND ORS.        ..PETITIONERS
                                     VS
                               SHRI. SHIVAJI VYAYAM SHALA
                               THROUGH ITS TRUSTEES/PUNCHAS/
                               CHALAKAS & ORS.                       ..RESPONDENTS
                                                        ------------
                               None present.
                                                        ------------
                                                    CORAM : RAJESH S. PATIL, J.
                                                                DATE    :       25 JUNE 2026.
                               P.C. :
                               1)            This writ petition filed under Article 227 of the Constitution of

                               India, challenges the order passed by the Appellate Court of the Small

                               Causes at Mumbai, by which the matter was remanded back to the

                               trial Court.

                               2)            The writ petition is filed on 26 November 2018 and has been

                               pending in this Court. Learned counsel for the petitioner has not

                               taken any steps in the writ petition for urgent circulation and on 3

                               April 2024, when the matter was called out, learned counsel for the

                               petitioner remained absent. It seems that the petitioner has lost

                               interest to pursue this writ petition any further.

                               3)            The writ petition stands dismissed for default.

                                                                                             (Rajesh S. Patil, J.)

                                                                            1
Signed by: Diksha Rane
Designation: PS To Honourable Judge
Date: 25/06/2026 18:27:28

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