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Bombay High Court

VAJRAMMA LAXMIPATHI EKKALDEVIversusYOGESH JADHAV

Decided
Disposal
Dissmiss For Default/Non-Prosecution

Holding

A petition may be dismissed for non‑prosecution where the petitioner fails to appear and shows no interest in pursuing the remedy.

Summary

The petitioner, Vajramma Laxmipathi Ekkaldevi, filed a writ petition before the Bombay High Court. The petitioner failed to appear for the hearing on 17 January 2026, as well as on earlier dates of 19 September 2025 and 14 November 2025. The court observed that the petitioner showed no interest in pursuing the petition. Consequently, the court held that the petition could not be kept alive without the petitioner’s participation. The petition was therefore dismissed for non‑prosecution.

Issues considered

  • Whether the writ petition should be dismissed for non‑prosecution due to the petitioner’s failure to appear and apparent lack of interest?

Subjects

  • civil procedure
  • writ petition
  • non‑appearance
  • dismissal for non‑prosecution
  • Bombay High Court

Judgment

                    KSG                                                          43-WP-8053-2025.doc



                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                             CIVIL APPELLATE JURISDICTION

                                            WRIT PETITION NO. 8053 OF 2025

                    Vajramma Laxmipathi Ekkaldevi                               … Petitioner
                             V/s.
                    Yogesh Jadhav                                               … Respondent
                                        _______________________________________

                    None for the Petitioner.
                                    _______________________________________

                                                CORAM : A. S. GADKARI AND
                                                        SHYAM C. CHANDAK, JJ.
                                                DATE  : 17th JANUARY 2026

                    P.C. :

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

                    1.1)            Record indicates that, even on earlier occasions i.e. on 19 th

                    September, 2025 and 14th November, 2025 none had appeared for the

                    Petitioner.

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

                    Petition.

                    3)              Dismissed for non-prosecution.


        Digitally
        signed by
        KIRAN
KIRAN SANJAY
SANJAY GHUGE
GHUGE Date:
       2026.01.20
        19:10:59
        +0530
                             ( SHYAM C. CHANDAK, J. )                     ( A.S. GADKARI, J. )




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