Bombay High Court
NADEEM MOHAMMED CHAND SHAIKHversusSAYYED AHMED GULAM MOHAMMED
- Decided
- Disposal
- Disposed Off
- Bench
- FARHAN PARVEZ DUBASH
Holding
The appeal was dismissed for want of prosecution due to the parties' failure to appear.
Summary
The appellant, Nadeem Chand, filed an appeal against an order dated 2023. The matter was listed for hearing on 11th March 2026, but no party appeared. The hearing was adjourned to 18th March 2026, and again no party appeared. The Court, noting the continuous non‑appearance, dismissed the appeal for want of prosecution. Consequently, any pending interim applications and orders within the appeal were vacated.
Issues considered
- What is the appropriate consequence when parties fail to appear for a scheduled hearing in an appeal?
Subjects
- civil procedure
- appeal
- want of prosecution
- dismissal
- interim application
Judgment
17-AO-1011-2023
Nadeem Chand Vs. Sayyed Ahmed Gulam
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
APPEAL FROM ORDER NO. 1011 OF 2023
WITH
INTERIM APPLICATION NO. 17966 OF 2023
IN
APPEAL FROM ORDER NO. 1011 OF 2023
Nadeem Mohammd Chand Shaikh … Appellant
V/s.
Sayyed Ahmed Gulam Mohammed … Respondent
_______________________________________
None for the parties
_______________________________________
CORAM : FARHAN P. DUBASH, J.
DATE : 18th MARCH 2026
P. C.:
1. On the last occasion viz., 11th March 2026, none appeared for
the parties and therefore, the matter was stood over to today for dismissal.
2. Despite this, none appears for the parties even today.
3. Considering this, this Court is constrained to dismiss the Appeal
from Order for want of prosecution.
4. All pending Interim Applications taken out in the present
Appeal from Order, if any, also stand disposed of in terms of this order, and
all interim orders passed therein, if any, shall stand vacated.
( FARHAN P. DUBASH, J. )
Jyoti Pawar
Digitally signed
JYOTI by JYOTI
PRAKASH
Page 1 of 1
PRAKASH PAWAR -------------------------------------
PAWAR Date: 2026.03.23
16:00:46 +0530
Order dated 18th March 2026
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