Bombay High Court
MR. KAIZAR TAHER MITHAIWALLAversusMR. VIVEK BANARSIDAS GULATI AND ANR.
- Decided
- Disposal
- Dismissed
Holding
The appeal is dismissed for want of prosecution.
Summary
Kaizar Taher Mithaiwalla filed a first appeal (ST No.32645 of 2015) before the High Court of Bombay against Vivek Banarsidas Gulati & Anr. No party appeared on 5 February 2026, and the matter was listed for dismissal. The same situation persisted on 12 February 2026, when the court again noted the absence of the appellant. The court dismissed the appeal for want of prosecution, deeming it abandoned. Consequently, the pending civil applications No.1724 of 2016 and No.3636 of 2017 were ordered to be disposed of. The judgment underscores the procedural requirement that a party must actively prosecute an appeal for it to continue.
Issues considered
- What is the appropriate consequence when an appellant fails to appear and prosecute a pending appeal?
Subjects
- civil appeal
- dismissal for want of prosecution
- procedural default
- civil applications disposed
- High Court of Bombay
Judgment
Sayyed 4-FA(ST).32645.2015.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
SAYYED
Digitally
signed by
FIRST APPEAL (ST) NO.32645 OF 2015
SAEED SAYYED
SAEED ALI WITH
ALI AHMED ALI
Date:
AHMED 2026.02.13 CIVIL APPLICATION NO.1724 OF 2016
ALI 16:26:30
+0530
WITH
CIVIL APPLICATION NO.3636 OF 2017
Kaizar Taher Mithaiwalla ...Appellant/Applicant
Versus
Vivek Banarsidas Gulati & Anr. ...Respondents
_____________________________________________________
None for the Appellant/Applicant.
None for the Respondents.
_____________________________________________________
CORAM : JITENDRA JAIN, J.
DATE : 12 FEBRUARY 2026
P.C.:
1. On 5 February 2026, none appeared for the appellant-
applicant. Therefore, the matter was listed today for ‘dismissal’. Today
also, same position continues.
2. First Appeal is dismissed for want of prosecution.
Consequently, civil applications do not survive and are disposed of.
[ JITENDRA JAIN, J. ]
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