Bombay High Court

KARTHIK CHANDRA S.DASversusMAHARASHTRA HOUSING AND AREA DEVELOPMENT AUTHORITY and ORS.

Decided: 2 September 2026
Disposal: Disposed Off

Holding

The appeal and the civil applications are dismissed for non‑prosecution.

Summary

The appellants, represented by legal heirs, failed to appear before the Bombay High Court for several scheduled dates, including the final adjournment on 19 August 2026. No representation was made on the subsequent hearing dated 2 September 2026. Consequently, the court dismissed the first appeal and the accompanying civil applications for non‑prosecution. The dismissal was entered as a procedural consequence of the appellants' non‑appearance. No substantive merits of the case were considered.

Issues considered

Whether the court may dismiss an appeal and related civil applications for non‑prosecution due to the appellants' failure to appear.

Subjects

non-prosecution
dismissal
civil appeal
procedural default
failure to appear

Judgment

                                                       6-fa-23869-2004-caf-4350-2004.doc




varsha
                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          CIVIL APPELLATE JURISDICTION
                      FIRST APPEAL(ST) NO. 23869 OF 2004
                                        WITH
                      CIVIL APPLICATION NO. 4350 OF 2004
                                        WITH
                      CIVIL APPLICATION NO. 3474 OF 2004
         Karthik Chandra S.          Das      (since … Appellants/Applicants
         deceased) through Lrs
                    vs.
         Maharashtra   Housing      and         Area … Respondents
         Development Authority and Ors


         None for the Appellants.
         Mr. Dinesh J. Haldankar, AGP for the Respondent-State.


                                       CORAM : GAURI GODSE, J.
                                        DATED : 2nd SEPTEMBER 2026


         ORDER:

         1.    None is appearing for the appellants since last few dates. On

         19th August 2026, the application was adjourned as a last chance.

         2.    Even today, none appears for the appellants.

         3.    The civil applications and the first appeal are dismissed for

         non-prosecution.

                                                                 (GAURI GODSE, J.)

                                     Page no. 1 of 1

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