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Bombay High Court

YUNUS IDRIS KARJIKAR AND OTHERSversusTHE STATE OF MAHARASHTRA THR. THE COLLECTOR OF RAIGAD AND OTHERS

Decided
Disposal
Disposed Off

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.




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


                                          Order dated 17th February 2026


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