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Bombay High Court

MR.MOHAMMED IRFAN MOHAMMED USMANversusMUNICIPAL CORPORATION OF GREATER BOMBAY THROUGH ASSTT. MUNICIPAL COMMISSIONER

Decided
Disposal
Disposed Off

Holding

The court dismissed the civil applications for want of prosecution.

Summary

The applicant, Basavraj, filed civil applications before the High Court of Bombay against the Municipal Corporation of Greater Bombay and others. The applicant failed to appear for the hearing on two occasions, first requesting a continuance due to his advocate's illness and then not appearing at all. The court observed that the applicant was not desirous of prosecuting the applications. Consequently, the court dismissed the civil applications for want of prosecution. No substantive merits of the dispute were addressed.

Issues considered

  • Whether the applicant's failure to appear constitutes a lack of desire to prosecute the civil applications
  • Whether the court may dismiss the applications for want of prosecution

Subjects

  • civil procedure
  • dismissal for want of prosecution
  • non-appearance
  • High Court of Bombay
  • municipal corporation

Judgment

                                                                             6-CAF-4260-2018 (C).DOC



                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIVIL APPELLATE JURISDICTION

                                    CIVIL APPLICATION NO. 4260 OF 2018
                                                    IN
                                    FIRST APPEAL (ST) NO. 34711 OF 2017
         Digitally
         signed by
         BASAVRAJ     Mr. Mohammed Irfan Mohammed Usman              ...Applicant
BASAVRAJ GURAPPA
GURAPPA PATIL
PATIL    Date:
                           Versus
         2026.09.02
         12:46:29     Municipal Corporation of Greater Bombay & Ors. ...Respondents
         +0530



                                                   WITH
                                    CIVIL APPLICATION NO. 4261 OF 2018
                                                    IN
                                    FIRST APPEAL (ST) NO. 34711 OF 2017

                                                           __

                      Mr. Pradeep M. Patil for the Respondent BMC
                                                      __


                                                CORAM       :     ARIF S. DOCTOR, J.
                                                DATE        :     1st SEPTEMBER 2026

                      P.C.

                      1.     On previous occasion, the Court passed the following
                      order:-

                             “1.   On previous occasion, none had appeared and the matter was
                             placed on Board for dismissal.


                             2.    The Appellant is appearing in person and informs the Court that
                             his Advocate is not well. He therefore, requests for time.


                             3.     Renotify on 1 September, 2026.”




                      Basavraj                                                                  Page|1
                                                6-CAF-4260-2018 (C).DOC



2.     Today, once again, none appeared for the Applicant.

Hence, it is clear, to my mind that the Applicant is not desirous

of prosecuting the Civil Applications. The Civil Applications are,

therefore, dismissed for want of prosecution.




                                        [ARIF S. DOCTOR, J.]




Basavraj                                                           Page|2


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