Bombay High Court
ISMAIL ABDUL AZIZ SHAIKHversusMUMBAI HOUSING AND AREA DEVELOPMENT AUTHORITY
- Decided
- Disposal
- Disposed Off
- Bench
- FARHAN PARVEZ DUBASH
Holding
The appeal is dismissed for want of prosecution.
Summary
The appellant, Ismail Abdul Aziz Shaikh, filed an appeal against the Mumbai Housing and Area Development Authority. No parties appeared before the Court on the scheduled dates, including the hearing on 10 February 2026 and the subsequent date. Consequently, the Court dismissed the appeal for want of prosecution. The order also vacated any interim reliefs that might have been granted. No substantive merits of the case were addressed due to the procedural default.
Issues considered
- Can an appeal be dismissed for want of prosecution when parties fail to appear?
Subjects
- civil procedure
- appeal dismissal
- want of prosecution
- interim relief vacated
Judgment
7. AO. 346.2021
Ismail Shaikh vs. MHADA
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
APPEAL FROM ORDER NO. 346 OF 2021
WITH
INTERIM APPLICATION NO. 3004 OF 2021
Ismail Abdul Aziz Shaikh … Appellant/Applicant
V/s.
Mumbai Housing and Area
Development Authority … Respondents
_______________________________________
None for the Parties.
_______________________________________
CORAM : FARHAN P. DUBASH, J.
DATE : 17th FEBRUARY 2026
P.C. :
1. None for the parties. On the last occasion viz. 10 th February
2026, none had appeared for the parties and hence, the matter was stood
over to today for dismissal.
2. Considering that none appears even today, this Court is
constrained to dismiss the Appeal for want of prosecution.
3. Pending Interim Applications, if any, shall stand disposed of and
interim reliefs, if any, shall stand vacated in terms of this order.
( FARHAN P. DUBASH, J. )
Jyoti Pawar
JYOTI Digitally signed
by JYOTI
Page 1 of 1
PRAKASH PRAKASH PAWAR
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Date: 2026.02.20 Order dated 17th February 2026
PAWAR 15:35:11 +0530
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