Bombay High Court

RADHABAI SHETYE (DEC) THR. LRS. AND 4 ORS.,versusSTEPHEN HORATIO IGNATITUS (DEC) THR. HIS LRS. THR. HIS ATTORNEY, AVDHUT VITHAL POLE

Disposal: Dismissed for non prosecution
Bench: NEELA GOKHALE

Holding

The petition is dismissed for want of prosecution.

Summary

The petitioners Radhabai Shetye and others filed a writ petition in 2018 against the respondents Stephen Horatio Ignatius and others. The Registrar issued a notice on 22 January 2026 giving the petitioners a final opportunity to take steps, warning that the matter would be placed before the court if no action was taken within 15 days. On the scheduled date, neither the petitioners nor the respondents appeared before the court. The judge observed that the petition appeared abandoned and consequently dismissed it for want of prosecution. The dismissal was ordered without any substantive consideration of the merits, as the parties failed to prosecute the petition.

Issues considered

What is the appropriate consequence when a party fails to prosecute a writ petition despite a final notice?

Subjects

dismissal
want of prosecution
writ petition
procedural default
high court

Judgment

                                   42 WP 498 2018

     Andreza

           IN THE HIGH COURT OF BOMBAY AT GOA
                    WRIT PETITION NO.498 OF 2018

RADHABAI SHETYE (DEC) THR. LRS.
AND 4 ORS.,                                             ... PETITIONER
  Versus
STEPHEN HORATIO IGNATITUS (DEC)
THR. HIS LRS. THR. HIS ATTORNEY,
AVDHUT VITHAL POLE                                      ... RESPONDENTS


.


                      CORAM:- DR. NEELA GOKHALE, J.
                      DATED :- 18th March, 2026

P.C.


1.      By Order dated 22.01.2026, the Registrar (Judicial) passed the
following Order :


     "Petitioner absent. Last and final opportunity is given to take steps.


     If steps are not taken within 15 days, matter to be placed before the
Hon'ble Court, with proper remark in cause-list."


2.     Today, when the matter was called out, none appeared for the
Petitioner nor the Respondent. The Petition is of the year 2018. It
appears that the Petitioner is not pursuing the present Petition. Hence,


                                     Page 1 of 2
                                   18th March, 2026
                                                        42 WP 498 2018


                        the same is dismissed for want of prosecution.



                                                                DR. NEELA GOKHALE, J.




Signed by: ANDREZA RODRIGUES
EPEREIRA
                                                           Page 2 of 2
Designation: Senior Private Secretary
to the Hon'ble Judge                                     18th March, 2026
Date: 18/03/2026 17:42:30

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