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Bombay High Court

SONU JANU KHARATversusTHE MUNICIPAL CORPORATION OF GREATER MUMBAI

Decided
Disposal
Dismissed

Holding

The appeal is dismissed for non‑prosecution as the appellant failed to prosecute the proceedings.

Summary

The appellant, Sonu Janu Kharat, filed an appeal against an order of the Municipal Corporation of Greater Mumbai but failed to pursue it, apparently due to the passage of time. The respondent, MCGM, was represented by Ms. Smita V. Tondwalkar. The High Court examined whether the appeal could continue despite the appellant's inactivity. Finding that the appellant had lost interest and did not prosecute the appeal, the Court dismissed the appeal for non‑prosecution. The interim application filed alongside the appeal was also dismissed as it did not survive the dismissal of the main appeal.

Issues considered

  • Whether an appeal may be dismissed for non‑prosecution due to the appellant's loss of interest

Subjects

  • appeal dismissed
  • non-prosecution
  • interim application
  • civil procedure
  • High Court

Judgment

                                                                                                   6.AO.127.2021.DOC



                                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                    CIVIL APPELLATE JURISDICTION

                                                   APPEAL FROM ORDER NO.127 OF 2021
                                                                WITH
                                                  INTERIM APPLICATION NO.1377 OF 2021

                               Sonu Janu Kharat                                                       Appellant
                                   versus
                               Municipal Corporation of Greater Mumbai                                Respondent

                                                                     _______
                               None for Appellant.
                               Ms.Smita V.Tondwalkar for Respondent-MCGM.
                                                                     _______

                                                            CORAM        :      AARTI SATHE, J.

                                                            DATE         :      5th October 2026

                               P.C.

                               1.           None for the Appellant. It seems that due to passage of time the

                               Appellant has lost interest in prosecuting the Appeal from Order. Therefore, the

                               Appeal from Order is dismissed for non prosecution.

                               2.           Interim Application does not survive and stands dismissed as such.




                                                                                (AARTI SATHE, J.)




            Digitally signed
MANISH      by MANISH
            SURESHRAO
SURESHRAO   THATTE
THATTE      Date: 2026.10.05
            17:23:32 +0530




                               M.S.Thatte


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