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 against Vivek Banarsidas Gulati and another respondent in the Bombay High Court. The appellant failed to appear before the court on 5 February 2026, and again on the scheduled date of 12 February 2026. The court noted the continued non‑appearance and listed the matter for dismissal. The judge held that the appeal could not proceed in the absence of any prosecution by the appellant. Consequently, the appeal was dismissed for want of prosecution. All pending civil applications arising from the appeal were also disposed of.
Issues considered
- Whether the first appeal should be dismissed for want of prosecution due to the appellant's non‑appearance?
Subjects
- procedural law
- want of prosecution
- civil appeal
- non‑appearance
- dismissal
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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