Bombay High Court
BALKRISHNA VISHRAM MAHISKAR, THR. HIS POWER OF ATTORNEY HOLDER, VINOD BALKRISHNA MAHISKARversusTHE CHIEF OFFICER,DHARAVI REHABILITATION PROJECT/MILL WORKERS DEPARTMENT AND ANOTHERROOM
- Decided
- Disposal
- Disposed Off
- Bench
- FARHAN PARVEZ DUBASH
Holding
An appeal may be dismissed for non‑prosecution if the appellant fails to appear after being duly warned by the Court.
Summary
The appellant, Balkrishna Vishram Mahiskar, filed an appeal against an order of the Chief Officer, Dharavi Rehabilitation Project. The High Court, after issuing a notice on 16 January 2026, warned that failure to appear would result in dismissal for non‑prosecution. The appellant did not appear on the scheduled date of 23 January 2026 despite the notice. Consequently, the Court exercised its inherent power to dismiss the appeal for non‑prosecution. The order also disposed of all pending interim applications and vacated any interim orders that had been passed. No substantive merits of the original dispute were addressed as the appeal was dismissed on procedural grounds.
Issues considered
- Whether the High Court can dismiss an appeal for non‑prosecution when the appellant fails to appear despite a prior notice.
Subjects
- civil procedure
- non‑prosecution
- appeal dismissal
- interim applications
- court procedure
Judgment
Digitally
signed by 13 Balkrishna Vishram Mahiskar Vs. The C.O., Dharavi Rehabilitation Project
JYOTI
JYOTI PRAKASH
PRAKASH PAWAR
PAWAR Date:
2026.01.28
19:32:10
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
APPEAL FROM ORDER NO. 276 OF 2022
WITH
INTERIM APPLICATION NO. 1979 OF 2022
IN
APPEAL FROM ORDER NO. 276 OF 2022
Balkrishna Vishram Mahiskar,
Thr. his Power Of Attorney
Holder, Vinod Balkrishna Mahiskar … Appellant
V/s.
The Chief Officer, Dharavi Rehabilitation
Project/Mill Workers Department & Anr. … Respondents
_______________________________________
Ms. Sanskruti Yagnik i/b. Ms. Ravleen Sabharwal for Respondent SRA.
_______________________________________
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 option but to dismiss the Appeal
for non-prosecution.
2. Despite this order, none appears for the Appellant today.
Considering the above, this Court has no other option but to dismiss the
Page 1 of 2
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Order dated 23rd January 2026
13 Balkrishna Vishram Mahiskar Vs. The C.O., Dharavi Rehabilitation Project
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 2 of 2
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Order dated 23rd January 2026
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