Bombay High Court

SHRI. GOPALKRISHNA SAVLARAM RAJADHYAKSHAversusSHRI. VALJIBHAI LALJI SHAH @ DEDHIA

Decided: 27 March 2026
Disposal: Disposed Off
Bench: RAJESH S PATIL

Holding

The petition is dismissed for non‑prosecution because the petitioner failed to appear before the court.

Summary

The petitioner, a landlord, filed Writ Petition No. 7261 of 2002 in the Bombay High Court challenging a concurrent finding recorded by both the trial court and the appellate court. The petition sought relief against the decisions of the lower courts. The petitioner failed to appear before the bench on multiple dates, including 20 February 2026, 6 February 2026, and 23 January 2026. The court observed that the petitioner appeared to have lost interest in pursuing the matter. On the basis of the petitioner’s non‑appearance and lack of prosecution, the court exercised its inherent power to dismiss the petition. Consequently, the writ petition was disposed of for non‑prosecution.

Issues considered

Whether the writ petition should be entertained despite the petitioner's failure to appear before the court?

Subjects

writ petition
non-prosecution
dismissal
civil procedure
BOMBAY HIGH COURT

Judgment

                                                          28-WP-7261 OF 2002.doc




             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIVIL APPELLATE JURISDICTION
                    WRIT PETITION NO. 7261 OF 2002
Shri. Gopalkrishna Savlaram
Rajadhyaksha                                       … Petitioner
                V/s.
Shri. Valjibhai Lalji Shah
@ Dedhia                                    … Respondent
                 ____________________________________
None present.
                 ____________________________________

                                CORAM       : RAJESH S. PATIL, J.


                                DATED       : 27th March, 2026

P.C.:

1.           This Writ Petition has been filed by the landlord challenging

the concurrent finding recorded by both the Courts viz. Trial Court and

the Appellate Court.


2.           None appears for the petitioner when the matter is called out.

Even on the earlier occasion i.e. 20 February 2026, 6 February 2026 and

23 January 2026, none appeared for the petitioner. It seems that the

petitioner has lost interest in pursuing the matter any further.


3.           The Writ Petition is disposed of for non-prosecution.


                                                    (RAJESH S. PATIL, J.)


                                       1
Vivekanand

Continue reading with your account

Checking your session…