Bombay High Court
MRS. RATAN SHARAD VIDHATE AND ANRversusSMT. RADHA TANAJI KAMTE AND ORS
- Decided
- Disposal
- Dismissed
- Bench
- ARIF S DOCTOR
Holding
The appeal is dismissed for want of prosecution as the appellants failed to appear and indicated no desire to pursue the matter.
Summary
The appellants, Mrs. Ratan Sharad Vidhate and another, failed to appear before the Bombay High Court on the scheduled date. The court noted that no representative was present to prosecute the appeal. It inferred that the appellants were not desirous of pursuing the appeal. Consequently, the court dismissed the appeal for want of prosecution. The related civil application was also disposed of.
Issues considered
- Whether an appeal can be dismissed for want of prosecution when the appellants do not appear before the court?
Subjects
- appeal dismissed
- want of prosecution
- civil procedure
- order dismissal
- high court
Judgment
1/1 22-AO-876-2016 (C).DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
APPEAL FROM ORDER NO. 876 OF 2016
Mrs. Ratan Sharad Vidhate And Anr ...Appellants
Versus
Smt. Radha Tanaji Kamte And Ors ...Respondents
WITH
CIVIL APPLICATION NO. 1087 OF 2016
IN
APPEAL FROM ORDER NO. 876 OF 2016
_______
None for the Appellants.
Mr. Aaditya Mahamiya i/b Mr. Nitesh Bhutekar, for Respondent Nos. 3, 5 and 6.
_______
CORAM : ARIF S. DOCTOR, J.
DATE : 17th FEBRUARY 2026
P.C.
1. On the previous occasion, the Court had passed the following order:
"1. Since Ms. Manjiri Parasnis is not available today on account of medical
reason, list this matter on 17 February 2026."
2. Today, none is present on behalf of the Appellants. Hence, it is clear that
the Appellants are not desirous of prosecuting the captioned Appeal From Order.
The Appeal From Order is dismissed for want of prosecution.
3. The Civil Application is accordingly disposed of.
[ARIF S. DOCTOR, J.]
Vaibhav
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