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Bombay High Court

NISHA SANDEEP KAMBLI AND ANR.versusTHE STATE OF MAHARASHTRA AND ORS.

Decided
Disposal
Dissmiss For Default/Non-Prosecution

Holding

The petition is dismissed for non‑prosecution.

Summary

The petitioners filed a writ petition on 29 January 2021 in the Bombay High Court seeking relief against the State of Maharashtra. No petitioners or their advocates appeared for any hearing thereafter, and the record shows they made no effort to circulate or advance the petition. The court observed that the petitioners appeared uninterested in pursuing the matter. The issue before the court was whether the petition could be dismissed for non‑prosecution due to the petitioners' inaction. Relying on the principle that a court may dismiss a petition when the parties fail to prosecute, the judges ordered the petition dismissed. The dismissal was entered on 29 August 2026.

Issues considered

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

Subjects

  • writ petition
  • non‑prosecution
  • dismissal
  • criminal appellate jurisdiction
  • Bombay High Court

Judgment

                 ssm                                                       39-wp496.2021.doc

                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                  CRIMINAL APPELLATE JURISDICTION

                                    WRIT PETITION NO. 496 OF 2021

            Nisha Sandeep Kambli & Anr.                             …..Petitioners

                     Vs.

            The State Of Maharashtra & Ors.                         …..Respondents

                                 ___________________________________

            None for the Petitioners.
            Shri. J.P. Yagnik APP, for the Respondent-State.
                               ____________________________________

                                                CORAM :      A. S. GADKARI AND
                                                             KAMAL KHATA, JJ.
                                                  DATE :     29th AUGUST, 2026.


            P.C.:-

            1)              None for Petitioners when called out for hearing.

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

            29th January, 2021, neither the Petitioners nor their Advocates have taken

            any steps to circulate the Petition, even once.

            2.1)            It appears that, the Petitioners are 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                                                                            1/1
MASHALKAR Date:
          2026.09.07
          17:01:02 +0530


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