Bombay High Court
MR. JAGAT KANTILAL SHAH AND ANRversusMR. ABDUL HAMID SHAIKH
- Decided
- Disposal
- Disposed Off
Holding
The petition is dismissed for non‑prosecution.
Summary
The petitioners filed a writ petition in the High Court of Bombay. They failed to appear for hearing on 15 July 2026, 19 August 2026, and again on 28 August 2026 despite notices. The court observed that the petitioners appeared to have lost interest in prosecuting the petition. Accordingly, the court listed the petition for dismissal and ultimately dismissed it for non‑prosecution. The dismissal reflects the court’s inherent power to strike off proceedings where the parties do not pursue them.
Issues considered
- Whether a writ petition may be dismissed for non‑prosecution when the petitioners repeatedly fail to appear?
Subjects
- dismissal
- non‑prosecution
- writ petition
- civil appellate jurisdiction
- court procedure
Judgment
Priyanka 10-WP-3527-2015.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.3527 OF 2015
Mr. Jagat Kantilal Shah & Anr ...Petitioners
V/s.
Mr. Abdul Hamid Shaikh ...Respondent
________________
None for the Petitioners.
Digitally
signed by
PRIYANKA
________________
PRIYANKA MADHAVRAO
MADHAVRAO KALE
KALE Date:
2026.08.29
18:17:53
CORAM: SANDEEP V. MARNE, J.
+0530
DATED: 28 AUGUST 2026.
P.C.:
1) On 19 August 2026 following order was passed:
1. None appears for the Petitioners. Even on 15 July 2026 none had
appeared on behalf of the Petitioners. In pursuance of order dated
15 July 2026 a letter has been issued to the Petitioners intimating
today's date of hearing. However, today again none has appeared on
behalf of Petitioners. It appears that Petitioners have lost interest in
prosecuting the Petition.
2. List the Petition under caption 'for dismissal' on 28 August 2026.
2) Today again, none has appeared for the Petitioners. It
appears that, the Petitioners have lost interest in prosecuting the
Petition.
Page No.1 of 2
28 August 2026
Priyanka 10-WP-3527-2015.docx
3) The Writ Petition is dismissed for non-prosecution.
[SANDEEP V. MARNE, J.]
Page No.2 of 2
28 August 2026
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