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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