Bombay High Court
YUNUS IDRIS KARJIKAR AND OTHERSversusTHE STATE OF MAHARASHTRA THR. THE COLLECTOR OF RAIGAD AND OTHERS
- Decided
- Disposal
- Disposed Off
- Bench
- FARHAN PARVEZ DUBASH
Holding
An appeal may be dismissed for non‑prosecution where the appellant, after being duly warned, fails to appear before the court.
Summary
The appellants, Yunus Idris Karjikar and others, filed an appeal against the State of Maharashtra and others. The High Court scheduled a hearing on 6 January 2026, but no appellant appeared. The Court issued a notice that failure to appear at the next hearing would result in dismissal. On 17 February 2026, the appellants again failed to appear. Consequently, the Court dismissed the appeal for non‑prosecution, vacated any interim orders, and disposed of all pending interim applications. The decision rests on procedural rules that allow dismissal when parties neglect to prosecute their case after proper warning.
Issues considered
- Can an appellate court dismiss an appeal for non‑prosecution when the appellant fails to appear despite a prior notice?
Subjects
- procedural law
- non‑prosecution
- appeal dismissal
- civil appellate jurisdiction
- failure to appear
Judgment
27. Yunus Vs. The State
Digitally
signed by
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
JYOTI
JYOTI PRAKASH
PRAKASH PAWAR
PAWAR Date:
2026.02.18
CIVIL APPELLATE JURISDICTION
16:29:59
+0530
APPEAL FROM ORDER NO. 23 OF 2021
WITH
INTERIM APPLICATION NO. 196 OF 2021
IN
APPEAL FROM ORDER NO. 23 OF 2021
Yunus Idris Karjikar & Ors. … Appellants
V/s.
The State Of Maharashtra Thr.
The Collector Of Raigad & Ors. … Respondents
_______________________________________
None for the parties.
______________________________________
CORAM : FARHAN P. DUBASH, J.
Date : 17th FEBRUARY 2026
P. C :
1. On the last occasion viz. 6th January 2026, none had appeared
for the Appellant. Accordingly, Appellants were put to notice that if they fail
to remain present on the next occasion, this Court will be constrained to take
up the matter and pass necessary orders therein even in their absence.
2. Despite this, none appears for the Appellants today. In these
circumstances, this Court is constrained to dismiss the present Appeal for
non-prosecution.
Page 1 of 2
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Order dated 17th February 2026
27. Yunus Vs. The State
3. All pending Interim Applications taken out in the present
Appeal, if any, also stand disposed of in terms of this order, and all interim
orders passed, therein if any, also stand vacated.
( FARHAN P. DUBASH, J. )
Mandar M.
Page 2 of 2
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Order dated 17th February 2026
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