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Bombay High Court

MRS. SUSHILA SURESH BABU MALGEversusM/S. J.S.M. REALTORS PVT. LTD. THROUGH DIRECTOR MR. MAHESH BIJLANI

Decided
Disposal
Dismissed

Holding

The writ petitions are dismissed for default owing to the petitioner's non‑appearance.

Summary

Mrs. Sushila Suresh Babu Malge filed writ petitions (Nos. 5185 and 5186 of 2016) against M/s. J.S.M. Realtors Pvt. Ltd. The petitioner failed to appear before the High Court on the scheduled dates. Consequently, the court listed the petitions for dismissal due to non-appearance. The respondent's counsel informed the court that during the pendency, Special Darkhast Nos. 30 and 31 of 2015 were transferred and renumbered as Special Darkhast Nos. 37 and 31 of 2023 before the Civil Judge Senior Division, Belapur. The court ordered the writs to be dismissed in default and directed the issuance of a dismissal order to the Belapur court.

Issues considered

  • Whether the writ petitions should be dismissed for default due to the petitioner's failure to appear

Subjects

  • default judgment
  • non-appearance
  • writ petition
  • civil appellate jurisdiction
  • special darkhast

Judgment

                                                                             3-WP-5185-5186-2016.docx


              rrpillai             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           CIVIL APPELLATE JURISDICTION
                                          WRIT PETITION NO. 5185 OF 2016
                                                       WITH
                                          WRIT PETITION NO. 5186 OF 2016


                              Mrs.Sushila Suresh Babu Malge              …     Petitioner
                                   Vs.
                              M/s. J.S.M. Realtors Pvt. Ltd.             …     Respondent
                              through Director Mr Mahesh
                              Bijlani


                              None for the Petitioner.
                              Mr. S. S. Bijlani a/w. Mr. Jeet Bijlani for the Respondents.

                                                      CORAM : GAURI GODSE, J.

                                                      DATE :         28th APRIL 2026

                              ORDER :


                              1.    Since none had appeared for the petitioner on the last

                              date, the petitions were listed under the caption for dismissal.


                              2.    None appears for the petitioner today.


                              3.    The writ petitions are dismissed in default.


                              4.    Learned counsel for the respondent submits that during

                              the pendency of the petition, Special Darkhast No. 31 of

           Digitally signed
           by
                              2015 and Special Darkhast No. 30 of 2015 are transferred
RAJESHWARI RAJESHWARI
           RAMESH
RAMESH     PILLAI
PILLAI     Date:
           2026.04.29
           10:47:08 +0530

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                                           3-WP-5185-5186-2016.docx


to the court    of Civil Judge Senior Division, Belapur and

renumbered as Special Darkhast Nos. 37 of 2023 and 31 of

2023. Office shall therefore issue writ of dismissal of the

petitions to the court at Belapur.




                                        [GAURI GODSE, J.]




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