Bombay High Court
TABASSUM ABDUL RAB SHAIKH AND OTHERSversusMUNICIPAL CORPORATION GREATER MUMBAI AND ANOTHER
- Decided
- Disposal
- Disposed Off
- Bench
- FARHAN PARVEZ DUBASH
Holding
An appeal may be dismissed for non‑prosecution where the appellant fails to appear after being duly warned by the court.
Summary
The appellants, Mohd. Mujeekullah Karimullah Shaikh & Ors., filed an appeal against the Municipal Corporation of Greater Mumbai. The court had earlier warned that failure to appear would result in dismissal for non‑prosecution. On the scheduled date, the appellants did not appear. Consequently, the court dismissed the appeal for non‑prosecution, vacated any pending interim orders, and disposed of all interim applications. No substantive merits of the underlying dispute were addressed. The dismissal was based solely on procedural non‑compliance.
Issues considered
- Can an appeal be dismissed for non‑prosecution when the appellant fails to appear despite a prior notice?
Subjects
- appeal
- non‑prosecution
- dismissal
- civil procedure
- interim applications
- court order
Judgment
27. Mohd. Mujeebullah Karimullah Vs.MCGM
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
APPEAL FROM ORDER NO. 120 OF 2022
Mohd. Mujeebullah Karimullah Shaikh & Ors. …Appellants
V/s.
Municipal Corporation
Greater Mumbai & Anr. … Respondents
WITH
Digitally
JYOTI
signed by
JYOTI
PRAKASH
INTERIM APPLICATION NO. 674 OF 2022
PRAKASH PAWAR
PAWAR Date:
2026.01.28 IN
13:41:10
+0530
APPEAL FROM ORDER NO. 120 OF 2022
WITH
APPEAL FROM ORDER NO. 123 OF 2022
WITH
INTERIM APPLICATION NO. 678 OF 2022
IN
APPEAL FROM ORDER NO. 123 OF 2022
WITH
INTERIM APPLICATION NO. 681 OF 2022
IN
APPEAL FROM ORDER NO. 126 OF 2022
WITH
APPEAL FROM ORDER NO. 121 OF 2022
WITH
INTERIM APPLICATION NO. 675 OF 2022
IN
APPEAL FROM ORDER NO. 121 OF 2022
WITH
APPEAL FROM ORDER NO. 124 OF 2022
WITH
INTERIM APPLICATION NO. 677 OF 2022
IN
APPEAL FROM ORDER NO. 124 OF 2022
WITH
Page 1 of 3
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Order dated 23rd January 2026
27. Mohd. Mujeebullah Karimullah Vs.MCGM
APPEAL FROM ORDER NO. 127 OF 2022
WITH
INTERIM APPLICATION NO. 680 OF 2022
IN
APPEAL FROM ORDER NO. 127 OF 2022
WITH
APPEAL FROM ORDER NO. 122 OF 2022
WITH
INTERIM APPLICATION NO. 676 OF 2022
IN
APPEAL FROM ORDER NO. 122 OF 2022
WITH
APPEAL FROM ORDER NO. 125 OF 2022
WITH
INTERIM APPLICATION NO. 679 OF 2022
IN
APPEAL FROM ORDER NO. 125 OF 2022
_______________________________________
Mr. Pradeep Patil for Respondent BMC.
_______________________________________
CORAM : FARHAN P. DUBASH, J.
Date : 23rd JANUARY 2026
P. C :
1. By an order dated 16th 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 he does not
remain present, this Court would have no other option but to dismiss the
Appeal for non-prosecution.
Page 2 of 3
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Order dated 23rd January 2026
27. Mohd. Mujeebullah Karimullah Vs.MCGM
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 3 of 3
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Order dated 23rd January 2026
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