Created by Fuzzy Cloud

Bombay High Court

RASHIDA SAIFUDDIN BHARMALversusMUNICIPAL CORPORATION OF GREATER BOMBAY AND ANOTHER

Decided
Disposal
Disposed Off

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


                                                        Order dated 23rd January 2026


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.