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Bombay High Court

TABASSUM ABDUL RAB SHAIKH AND OTHERSversusMUNICIPAL CORPORATION GREATER MUMBAI AND ANOTHER

Decided
Disposal
Disposed Off

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
                                      ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


                                                     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
                              ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


                                             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
                             ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


                                            Order dated 23rd January 2026


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