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Bombay High Court

VIMLADEVI SURESHCHANDRA VYASversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Dissmiss For Default/Non-Prosecution

Holding

The petition is dismissed for non‑prosecution.

Summary

The petitioner filed a writ petition on 10 August 2017. Since filing, the petitioner and her counsel failed to appear for any hearing and did not take any steps to circulate the petition. The court observed that the petitioner appeared uninterested in pursuing the petition. On this basis, the court considered whether the petition could be dismissed for non‑prosecution. The petition was dismissed for non‑prosecution.

Issues considered

  • Whether a writ petition may be dismissed for non‑prosecution when the petitioner fails to appear or take steps to advance the petition

Subjects

  • writ petition
  • non‑prosecution
  • court procedure
  • dismissal

Judgment

     pmk                                                     61-WP-3292-2017.doc




                IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                      CRIMINAL APPELLATE JURISDICTION

                        WRIT PETITION NO. 3292 OF 2017

Vimladevi Sureshchandra Vyas                                  … Petitioner

         V/s.

The State of Maharashtra                                      … Respondent



None for the Petitioner.
Ms. Madhavi H. Mhatre, AGP for the Respondent-State.


                                    CORAM :      A. S. GADKARI AND
                                                 KAMAL KHATA, JJ.
                                      DATE :     18th April, 2026

P.C.:-

1)              None appears for Petitioner, when called out for hearing.

2)              Record indicates that, since the date of filing of the Petition i.e.

10th August, 2017, the Petitioner and/or her Advocate has not taken any

steps to circulate the Petition, even for once.

2.1)            It appears that, the Petitioner is not interested in pursuing the

Petition.

3)              Dismissed for non-prosecution.



            (KAMAL KHATA, J.)                     (A.S. GADKARI, J.)


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