Bombay High Court

SALIM ANWAR MEMON @ BARVATIYAversusTHE STATE OF MAHARASHTRA AND ORS

Decided: 4 March 2026
Disposal: Dissmiss For Default/Non-Prosecution
Bench: A S GADKARI KAMAL KHATA

Holding

A writ petition that is not actively prosecuted and for which the petitioner shows disinterest is liable to be dismissed for non‑prosecution.

Summary

The petitioner, Salim Anwar Memon, filed Writ Petition No. 3334 of 2015 in the Bombay High Court. After the hearing on 13 July 2018, the petitioner and his counsel failed to take any steps to circulate the petition or appear before the court. The court observed that the petitioner appeared disinterested in pursuing the relief sought. Consequently, the bench examined whether the petition could continue despite the lack of prosecution. Relying on the principle that a petition must be actively pursued, the court dismissed the petition for non‑prosecution. The dismissal was entered on 4 March 2026.

Issues considered

Whether a writ petition may be dismissed for non‑prosecution or failure to appear before the court

Subjects

writ petition
non‑prosecution
dismissal
high court
civil procedure

Judgment

          ssm                                                   40-wp3334.2015.doc

                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                             CRIMINAL APPELLATE JURISDICTION

                              WRIT PETITION NO. 3334 OF 2015

     Salim Anwar Memon @ Barvatiya                              …..Petitioner

              Vs.

     The State Of Maharashtra & Ors.                            …..Respondents

                         ____________________________________

     None for the Petitioner.
     Mr. Ajay Patil APP, for the Respondent-State.
                       ____________________________________

                                       CORAM :       A. S. GADKARI AND
                                                     KAMAL KHATA, JJ.
                                         DATE :      4th MARCH, 2026.

     P.C.:-

     1)             None for Petitioner when called out for hearing.

     2)             Record indicates that, after 13th July, 2018, Petitioner and/or

     his 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.)

          Digitally signed
          by SANJIV
SANJIV    SHARNAPPA
SHARNAPPA MASHALKAR
MASHALKAR Date:
          2026.03.06
          18:56:38 +0530
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