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
- Bench
- FARHAN PARVEZ DUBASH
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
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Order dated 23rd January 2026
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