Bombay High Court
PRAKASH E. NIPHADKARversusVASANT SOMA CHAUDHARI
- Decided
- Disposal
- Disposed Off
- Bench
- M M SATHAYE
Holding
The petition is dismissed for want of prosecution.
Summary
The writ petition filed by Prakash E. Niphadkar in 2002 sought relief against Vasant Soma Chaudhari. A rule was granted in September 2002, but the petitioner's advocate was discharged in 2010. Subsequent court notices could not be served as the petitioner did not reside at the recorded address, and no appearance was made. The court, after multiple adjournments, listed the matter for dismissal on 28 January 2026, noting the petitioner's failure to prosecute. Consequently, the petition was dismissed for want of prosecution and any interim relief previously granted was vacated.
Issues considered
- What is the appropriate consequence when a petitioner fails to appear and prosecute a writ petition for an extended period?
Subjects
- writ petition
- dismissal for want of prosecution
- civil procedure
- non-appearance
- court notice
Judgment
Digitally
signed by 4.WP.4786.2002.doc
ANANT
ANANT KRISHNA
KRISHNA NAIK
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAIK Date:
2026.01.28 CIVIL APPELLATE JURISDICTION
18:13:20
+0530
WRIT PETITION NO. 4786 OF 2002
Prakash E. Niphadkar … Petitioner
Vs.
Vasant Soma Chaudhari … Respondent
***
None for the Petitioner.
Adv. K. K. Malpathak for Respondent
***
CORAM : M. M. SATHAYE, J.
DATED : 28th JANUARY 2026
P.C.:
1. On 21/01/2026 following order was passed:
“1. None for the Petitioner. Advocate for the Respondent has
pointed out the earlier records of the Petition.
2. Record shows that Rule was granted in September 2002.
Thereafter during the pendency of the Petition under order
dated 11/01/2010, advocate for the Petitioner was
discharged.
3. It appears that thereafter the Court notice was issued to
the Petitioner. However, it is recorded in the order dated
06/06/2019 that the Court notice could not be served
because the Petitioner does not reside at the address
available on record.
4. In such circumstances, nobody appeared for the Petitioner.
5. Stand over to 28/01/2026 as a final opportunity to the
Petitioner to appear and proceed with the matter. Matter to
be listed under caption ‘for dismissal’.”
akn 1
4.WP.4786.2002.doc
2. Today the matter is listed under the caption ‘for dismissal’. Nobody
appeared for the Petitioner.
3. The Petition is accordingly dismissed for want of prosecution.
Interim/Ad-interim relief, if any granted earlier, stands vacated.
(M. M. SATHAYE, J.)
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