Bombay High Court

KAPADIA DEVELOPMENT CO-OP. HOUSING SOCIETY LTD.versusTHE STATE OF MAHARASHTRA AND ORS

Decided: 18 April 2026
Disposal: Dissmiss For Default/Non-Prosecution
Bench: A S GADKARI KAMAL KHATA

Holding

The petition is dismissed for non‑prosecution as the petitioner failed to appear or take steps to pursue the petition.

Summary

The petitioners, Kapadia Development Co‑op. Housing Society Ltd., filed a writ petition on 29 January 2018 in the Bombay High Court. The petitioners failed to appear for the hearing and did not take any steps to circulate the petition thereafter. The Court observed that the petitioners appeared uninterested in pursuing the relief sought. Consequently, the Court dismissed the petition on the ground of non‑prosecution. The dismissal was recorded by both judges on 18 April 2026.

Issues considered

Whether the writ petition should be dismissed for non‑prosecution due to the petitioner's failure to appear and pursue the case

Subjects

writ petition
non‑prosecution
petition dismissed
high court
civil procedure

Judgment

sns 201-wp-380-2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

WRIT PETITION NO.380 OF 2018

Kapadia Development Co-op.
Housing Society Ltd. … Petitioner
V/s.
The State of Maharashtra & Ors. … Respondents

None for the Petitioner.
Smt. P. P. Shinde, APP, for the Respondent-State.
Mr. P. P. Chavhan i/by Adv. Komal Punjabi, for the Respondent-BMC.
Mr. Santosh Khaladkar, PSI, Powai Police Station, present.

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

P.C.:-

1) None for the Petitioner when called out for hearing.

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

29th January, 2018, the Petitioner and/or its 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

SUMEDH
SUMEDH
NAMDEO
1/1
NAMDEO SONAWANE
SONAWANE Date:
2026.04.23
19:48:02
+0530

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