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Bombay High Court

M/S ACHAL HOUSING LLP THROU. PARTNER RAJESH DWARKAPRASAD BANSALversusPRIDE ICON PREMISES CO-OP HSG SOCIETY LTD THROU. ITS CHAIRMAN SACHIN RAMCHANDRA PARKALE AND ORS

Decided
Disposal
Disposed Off

Holding

The petition is dismissed for want of prosecution.

Summary

The petitioner, M/s Achal Housing LLP, filed a writ petition before the High Court of Bombay. The petitioner failed to appear at multiple scheduled hearings on 16 June, 29 June, 6 July, and again on 24 August 2026, indicating a loss of interest in prosecuting the petition. The court noted the default and the petitioner’s non‑appearance as a failure to prosecute the petition. Consequently, the court considered whether dismissal for want of prosecution was appropriate. Applying established procedural principles, the court dismissed the writ petition for want of prosecution. The dismissal was entered without any substantive hearing on the merits.

Issues considered

  • Whether a writ petition may be dismissed for want of prosecution due to the petitioner's failure to appear at scheduled hearings?

Subjects

  • writ petition
  • dismissal
  • want of prosecution
  • civil procedure

Judgment

2026:BHC-AS:35129

              Renuka                                            35-WP-5717-2024.docx


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  CIVIL APPELLATE JURISDICTION
                                 WRIT PETITION NO. 5717 OF 2024
              M/S Achal Housing LLP Through                      ...Petitioner
              Partner Rajesh Dwarkaprasad Bansal
                                 V/s.

              Pride Icon Premises Co-Op Hsg Society             ...Respondents
              Ltd Through Its Chairman Sachin
              Ramchandra Parkale and Ors
                                         ________________
              None for the Petitioner.
              Mr. S. Parthasarthy with Ms. Madhu Rani and Ms. Divya Khandediya i/b
              One Point Legal Solutions for Respondent No. 1.
              Ms. Sulbha D. Chipade, AGP for Respondent-State.
                                           ________________
                                                     CORAM: SANDEEP V. MARNE, J.
                                                      DATED: 24 AUGUST 2026.


              P.C.:


              1)           None appears for the Petitioner.


              2)           Earlier also there has been default on the part of the
              Petitioner on 16 June 2026 and therefore the Petition was listed for
              dismissal on 29 June 2026. On 29 June 2026, an appearance was made on
              behalf of the Petitioner and accordingly the hearing of the Petition
              deferred to 6 July 2026. Again on 6 July 2026, none appeared on behalf of
              the Petitioner. Today again, none has appeared on behalf of the


                                              Page No.1 of 2
                                              24 August 2026
                          Renuka                                                  35-WP-5717-2024.docx


                          Petitioner. It appears that the Petitioner has lost interest in prosecuting
                          the Petition.


                          3)              Writ Petition is dismissed for want of prosecution.


                                                                              [SANDEEP V. MARNE, J.]




Signed by: Renuka S Thakur
                                                             Page No.2 of 2
Designation: PA To Honourable Judge                          24 August 2026
Date: 27/08/2026 14:49:17


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