Bombay High Court

SHIRISH CHINTAMANI KARNIKversusTHE STATE OF MAHARASHTRA AND ORS.

Decided: 25 June 2026
Disposal: Dismissed
Bench: A S GADKARI KAMAL KHATA

Holding

The writ petition was dismissed for non-prosecution because the petitioner failed to appear and took no steps to circulate it since filing, and the interim application was disposed of as not surviving.

Summary

This order was passed in Writ Petition No.5298 of 2019 filed by Shirish Chintamani Karnik against the State of Maharashtra and others, along with Interim Application (ST) No.9932 of 2025 filed by D.S. Kulkarni Developers Ltd. When the matter was called for hearing, no one appeared for the petitioner. The record showed that since the petition was filed on 11 October 2019, neither the petitioner nor his advocate had taken any step to circulate the petition even once. The Court therefore formed the view that the petitioner was not interested in pursuing the petition. The writ petition was accordingly dismissed for non-prosecution. As a consequence, the interim application did not survive and was disposed of. No arguments on merits were recorded and no relief was granted.

Issues considered

Whether the writ petition is liable to be dismissed for non-prosecution where the petitioner and his advocate failed to appear and took no steps to circulate the petition since its filing?
Whether the interim application survives after dismissal of the main writ petition?

Subjects

non-prosecution
writ petition
criminal appellate jurisdiction
interim application
dismissal for default
failure to circulate
no appearance

Judgment

     pmk                                                  66-WP-5298-2019.doc




                IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                      CRIMINAL APPELLATE JURISDICTION

                        WRIT PETITION NO.5298 of 2019

Shirish Chintamani Karnik                                  … Petitioner

         V/s.

The State of Maharashtra & Ors.                            … Respondents

                                   WITH
                  INTERIM APPLICATION(ST) NO.9932 OF 2025
                                    IN
                       WRIT PETITION NO.5298 OF 2019

D.S. Kulkarni Developers Ltd                               … Applicant

         V/s.

The State of Maharashtra & Ors.                            … Respondents


None for the Petitioner.
Ms. Madhavi. H. Mhatre, APP for the Respondent-State.
Mr. Akshay Doctor a/w Mr. Parag Sawant, Mr. Shadad Khan, Ms. Charmi
Gala, Mr. Bhumanya Champawat, Mr. Aaryan Parab i/by P.S. Chambers for
D.S. Kulkarni Developers for Respondent in WP/5298/2019 and for
Applicant in IA(ST)/9932/2025.


                                  CORAM :   A. S. GADKARI AND
                                            KAMAL KHATA, JJ.
                                     DATE : 25th June, 2026

P.C.:-

1)              None appears for Petitioner, when called out for hearing.

2)              Record indicates that, since the filing of the Petition on 11 th

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     pmk                                                  66-WP-5298-2019.doc

October, 2019, neither the Petitioner nor his Advocate has taken any steps

to circulate the Petition, even once.

2.1)           It appears that, the Petitioner is not interested in pursuing the

Petition.

3)             Dismissed for non-prosecution.

4)             In view of the dismissal of the Petition, Interim Application(ST)

No.9932 of 2025, does not survive and is accordingly disposed off.



            (KAMAL KHATA, J.)                   (A.S. GADKARI, J.)




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