Bombay High Court
RASHIDA SAIFUDDIN BHARMALversusMUNICIPAL CORPORATION OF GREATER BOMBAY AND ANOTHER
- Decided
- Disposal
- Disposed Off
- Bench
- FARHAN PARVEZ DUBASH
Holding
An appeal may be dismissed for non‑prosecution where the appellant fails to appear despite a court order warning of dismissal.
Summary
The appellant, Rashida Saifuddin Bharmal, filed an appeal against the Municipal Corporation of Greater Bombay. The Court issued an order on 16 January 2026 warning that the appeal would be dismissed for non‑prosecution if the appellant did not appear. The appellant failed to appear on the scheduled date. The Court, having given the appellant an opportunity to be heard, dismissed the appeal for non‑prosecution. All pending interim applications were also disposed of by the same order.
Issues considered
- Can the Court dismiss an appeal for non‑prosecution when the appellant fails to appear despite a prior warning?
Subjects
- non‑prosecution
- dismissal
- civil appellate jurisdiction
- procedural default
- municipal corporation
Judgment
8. Rashida Vs. MCGM
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
Digitally
signed by
JYOTI
APPEAL FROM ORDER NO. 385 OF 2021
JYOTI PRAKASH
PRAKASH PAWAR
PAWAR Date:
2026.01.23
20:00:49
+0530
Rashida Saifuddin Bharmal … Appellant
V/s.
Municipal Corporation Of
Greater Bombay & Anr. … Respondent
_______________________________________
Mr. Sachin Vajale for Respondent BMC.
_______________________________________
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 she does not
remain present, this Court would have no other option but to dismiss the
Appeal for want of 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
Appeal for non-prosecution. All pending Interim Applications therein, if any,
also stand disposed of in terms of the above order.
( FARHAN P. DUBASH, J.)
Mandar M.
Page 1 of 1
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Order dated 23rd January 2026
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