Bombay High Court

M/S. R.D. DESAI AND COMPANYversusKOLHAPUR MUNICIPAL CORPORATION AND ANR.

Disposal: Dismissed
Bench: SHAILESH P BRAHME

Holding

The writ petition is dismissed for default due to the petitioner's failure to appear and prosecute the matter.

Summary

The petitioner, R.D. Desai & Co., filed a writ petition challenging the dismissal of RCS No.879 of 2015 by the trial court. No counsel appeared for the petitioner on the previous or current hearing dates. The respondent, Kolhapur Municipal Corporation, argued that the petitioner had not diligently prosecuted the case, leading to its dismissal on 29 July 2026. The court observed the petitioner's lack of interest and absence. Consequently, the writ petition was dismissed for default.

Issues considered

What is the appropriate disposition of a writ petition when the petitioner fails to appear and does not prosecute the underlying case?

Subjects

writ petition
default
civil procedure
dismissal
non-appearance

Judgment

                                                         45-WP-9496-2016 (C).doc




              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      CIRCUIT BENCH AT KOLHAPUR

                        CIVIL APPELLATE JURISDICTION

                       WRIT PETITION NO. 9496 OF 2016

M-s. R.d. Desai And Company                                            ...Petitioner
      Versus
Kolhapur Municipal Corporation And Anr.                            ...Respondents

                                        …..
None for Petitioner.
Adv. Sagar Mane a/w Adv. Rushikesh Jagdale, Neha Farakate, Advocate
for Respondents.
                               …..


                                       CORAM : SHAILESH P. BRAHME, J.

                                       DATE      : 22nd JUNE, 2026.

P.C. :

           None appeared for the petitioner on the last occasion. Today also,

none appears for the petitioner.

2.         The learned counsel appearing for the respondent-Corporation

submits that RCS No.879 of 2015 has not been diligently prosecuted by

the petitioner and has been kept for dismissal on 29.07.2026 before the

Trial Court. It appears that the petitioner is not interested in prosecuting

the matter.

3.         The Writ Petition is dismissed for default.


                                                   [ SHAILESH P. BRAHME]



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