Bombay High Court
MURAD KHETANI THR. POA HOLDER SHRI.M.A.ANSARIversusMUNICIPAL CORPORATION OF GREATER MUMBAI
- Decided
- Disposal
- Disposed Off
- Bench
- ARIF S DOCTOR
Holding
The appeal was dismissed for want of prosecution due to the appellant's failure to appear.
Summary
The appellant, Murad Khetani, failed to appear before the Bombay High Court on two consecutive occasions for his appeal against an order of the Municipal Corporation of Greater Mumbai. The court had previously warned that further non‑appearance would result in dismissal for want of prosecution. On the scheduled date of 23 January 2026, the appellant again did not appear, leading the court to conclude that he was not desirous of prosecuting the appeal. Consequently, the appeal was dismissed for want of prosecution, and the accompanying civil application was disposed of. No substantive merits of the case were addressed due to the procedural default.
Issues considered
- What is the appropriate consequence of a party's failure to appear for a scheduled hearing in a civil appeal?
- Does non‑appearance constitute want of prosecution warranting dismissal of the appeal?
Subjects
- procedural law
- non‑appearance
- want of prosecution
- civil appeal
- dismissal
Judgment
1/1 18-AO(ST)-34478-2018 (C).DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
APPEAL FROM ORDER(L) NO. 34478 OF 2018
WITH
CIVIL APPLICATION IN AO(ST) NO. 34480 OF 2018
Murad Khetani Thr. Poa Holder Shri.M.A.Ansari ...Appellant
Versus
Municipal Corporation Of Greater Mumbai ...Respondent
_______
None present for Appellant.
Mr. Sachin B. Vajale for Respondent -BMC.
_______
CORAM : ARIF S. DOCTOR, J.
DATE : 23rd JANUARY, 2026
P.C.
1. On the previous occasion, the Court passed the following Order;
“1. None for the appellant. If on the next occasion there is no appearance on
behalf of the appellant then the appeal will be dismissed for want of
prosecution.
2. List this matter on 23 January 2026”
2. Today again none is present for the Appellant, it is therefore clear that the
Appellant is not desirous of prosecuting this captioned Appeal from Order, the
same is thus accordingly dismissed for want of prosecution.
3. The Civil Application is accordingly disposed of.
[ARIF S. DOCTOR, J.]
Areeb
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