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Bombay High Court

RUSSEL BOSWELL FRANCIS PEREIRA AND ANRversusROSSLYN LYLE JOSEPH ALMEIDA THR POA.MS. ALICE D 039 SOUZA AND ORS

Decided
Disposal
Disposed Off

Holding

The appeal is dismissed for non‑prosecution due to the appellant's failure to appear.

Summary

The appellants, Russel Boswell Francis Pereira & Anr., filed an appeal against an order dated 2021, along with two interim applications. The High Court, after issuing a notice on 9 January 2026, warned that failure to appear would result in dismissal for non‑prosecution. The appellants did not appear on the scheduled date of 23 January 2026. Consequently, the Court dismissed the appeal for non‑prosecution and vacated any interim orders that might have been in force. The dismissal also disposed of the pending interim applications.

Issues considered

  • Whether an appeal may be dismissed for non‑prosecution when the appellant fails to appear despite a court notice

Subjects

  • civil procedure
  • non‑prosecution
  • appeal dismissal
  • interim applications
  • high court

Judgment

        Digitally
        signed by                                                                                                 25 Russel Boswell Francis Preira Vs. Rooslyin Lyle Joseph Almeida
        JYOTI
JYOTI   PRAKASH
PRAKASH PAWAR
PAWAR   Date:
        2026.01.28
        19:32:09
        +0530




                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CIVIL APPELLATE JURISDICTION

                                 APPEAL FROM ORDER NO. 109 OF 2021
                                               WITH
                                INTERIM APPLICATION NO. 2482 OF 2020
                                               WITH
                                INTERIM APPLICATION NO. 2480 OF 2020
                                                 IN
                                 APPEAL FROM ORDER NO. 109 OF 2021


      Russel Boswell Francis
      Pereira & Anr.                                                                                                                                                                                                          … Appellants

                     V/s.
      Rosslyn Lyle Joseph Almeida
      Thr. PoA and Ors.                                  … Respondents
                      _______________________________________

      None for the parties.
                      _______________________________________

                                                                  CORAM : FARHAN P. DUBASH, J.

                                                                  Date :                                                                                                    23rd JANUARY 2026

      P. C :


      1.                    By an order dated 9th January 2026, this Court had noted that

      none appeared for the Appellant and accordingly, the matter was placed

      today for dismissal whilst putting the Appellant to notice that if they do not

      remain present, this Court would have no other option but to dismiss the

      Appeal for non-prosecution.




                                                                  Page 1 of 2
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                                                         Order dated 23rd January 2026
                                                                                                      25 Russel Boswell Francis Preira Vs. Rooslyin Lyle Joseph Almeida




2.           Despite this order, none appears for the Appellant today.

Considering the above, this Court has no other option but to dismiss the

Appeal for non-prosecution. All pending Interim Applications taken 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.)
Mandar M.




                                                     Page 2 of 2
                             ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


                                            Order dated 23rd January 2026


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