Bombay High Court

MRS. CHANDRAKALA SHIVAJI BOTRE AND ORSversusMR. JAYWANT MALHARI KUTE AND ORS

Decided: 22 June 2026
Disposal: Dismissed
Bench: GAURI GODSE

Holding

The writ petition is dismissed for non-prosecution.

Summary

The petitioners filed a writ petition in the High Court of Bombay seeking relief against the respondents. The matter was adjourned earlier as a last chance hearing. During the hearing, counsel for the petitioners informed the court that she had no instructions to proceed further with the petition. Consequently, the court noted the lack of prosecution of the writ petition. The court dismissed the petition on the ground of non-prosecution, thereby terminating the proceedings.

Issues considered

What is the appropriate course of action when a writ petition is not prosecuted by the petitioners?

Subjects

writ petition
non-prosecution
dismissal
civil procedure
high court

Judgment

2026:BHC-AS:25386

                                                               10-WP-7106-2019.docx


                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              CIVIL APPELLATE JURISDICTION
                              WRIT PETITION NO. 7106 OF 2019
   Swapnil
               Chandrakala Shivaji Botre and Ors.        …     Petitioners
                    Vs.
               Jaywant Malhari Kute and Ors.             …     Respondents


               Ms. Aditi Rajput (Thr. V.C.) i/b. Mr. Chaitanya Nikte for the
               petitioners.

                                       CORAM : GAURI GODSE, J.

                                       DATE :       22nd JUNE 2026

               ORDER :


               1.    By way of last chance, this writ petition was adjourned

               on earlier occasion. Learned counsel for the petitioners

               submits that she has no instructions to proceed with the writ

               petition.


               2.    The writ petition is dismissed for non-prosecution.




                                                          [GAURI GODSE, J.]




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