Bombay High Court
SHRI GULAB R. GARIBHUSSEINversusM/S. AKBARALLY STARHIMJI AND ORS.
- Decided
- Disposal
- Disposed Off
Holding
The appeal and the civil application are dismissed for non‑prosecution.
Summary
The appellant, Gulam Rasool Ganibhusein, filed a first appeal (ST) No. 24908 of 1994 and a civil application No. 2317 of 1997 against M/s Akbarally Ebrahimji and others. The matter was listed before the Bombay High Court before Justice Gauri Godse. Neither the appellant nor any counsel appeared on the scheduled dates, despite previous adjournments. The court noted the failure of the appellant to prosecute the proceedings. Consequently, the court ordered the appeal to be listed for dismissal. The court further dismissed both the civil application and the first appeal on the ground of non‑prosecution.
Issues considered
- Whether the appeal should be dismissed for non‑prosecution
- Whether the civil application should be dismissed for non‑prosecution
Subjects
- civil procedure
- non‑prosecution
- dismissal
- default judgment
- high court
Judgment
4-fast-24908-1994-ca-2317-1997.doc
varsha
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FIRST APPEAL(ST) NO. 24908 OF 1994
WITH
CIVIL APPLICATION NO. 2317 OF 1997
Gulam Rasool Ganibhusein … Appellant/Applicant
vs.
M/s. Akbarally Ebrahimji and Ors … Respondents
None for the Appellant.
CORAM : GAURI GODSE, J.
DATED : 3rd SEPTEMBER 2026
ORDER:
Digitally
signed by
VARSHA
VARSHA VIJAY
VIJAY RAJGURU
RAJGURU Date:
2026.09.03
14:52:01
1. None appears for the appellant. On the last dates also none
+0530
had appeared. Hence, the appeal was adjourned to be listed under
the caption for dismissal.
2. The civil application and the first appeal are dismissed for
non-prosecution.
(GAURI GODSE, J.)
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