Bombay High Court
MAHENDRA B.SHAH (DECD.) BY LH.versusBAJRANG KESHAV PAWAR AND ORS.
- Disposal
- Disposed Off
Holding
The Court dismissed the appeals for non‑prosecution.
Summary
The Bombay High Court listed several first appeals filed in 1998‑1999 for disposal. Neither the appellants nor their counsel appeared, even after an adjournment was granted on 10 September 2026. Respondents' counsel submitted that the appellants' prolonged absence indicated a lack of interest in pursuing the matters and requested dismissal. The Court noted the earlier caution and, finding no appearance, exercised its inherent power to dismiss the appeals for non‑prosecution. Consequently, all the listed appeals were dismissed and any pending interlocutory applications were disposed of.
Issues considered
- Can an appeal pending for more than two decades be dismissed for non‑prosecution due to the parties' non‑appearance?
- Does the court have the authority to dismiss such appeals without hearing the absent parties?
Subjects
- non‑prosecution
- dismissal of appeal
- procedural default
- adjournment
- old matters
- court's inherent powers
Judgment
901 - FA - 586 - 1998.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
VAIBHAV
RAMESH
JADHAV
Digitally signed by
FIRST APPEAL NO. 586 OF 1998
VAIBHAV RAMESH
JADHAV
Date: 2026.09.24
17:52:47 +0530
Mahindra Bhukandas Shah
Since Deceased by His Heirs and Legal
Representatives … Appellants
V/s.
Radhabai Ankush Malusare & Ors. … Respondents
WITH
CIVIL APPLICATION NO. 536 OF 2012
IN
FIRST APPEAL NO. 786 OF 1999
Mahindra Bhukandas Shah
Since Deceased Through His Legal Heirs
and Representatives … Applicants
V/s.
Indubai Dhondiba Ghadge & Ors. … Respondents
WITH
CIVIL APPLICATION NO. 537 OF 2012
IN
FIRST APPEAL NO. 787 OF 1999
Mahindra Bhukandas Shah
Since Deceased Through His Legal Heirs
and Representatives … Applicant
V/s.
Vikas Vishnu Pawar & Ors. … Respondents
WITH
CIVIL APPLICATION NO. 538 OF 2012
IN
FIRST APPEAL NO. 790 OF 1999
Mahindra Bhukandas Shah … Applicant
Since Deceased Through His Legal Heirs
and Representatives
VRJ 1
901 - FA - 586 - 1998.docx
V/s.
Vilas Vishnu Pawar & Ors. … Respondents
WITH
FIRST APPEAL NO. 788 OF 1999
Mahindra Bhukandas Shah & Ors. … Appellants
V/s.
Chandar Ramabhilare & Ors. … Respondents
WITH
FIRST APPEAL NO. 791 OF 1999
Mahindra B. Shah Since Deceased By … Appellants
Through Heirs and Legal Representatives
V/s.
Ranjana Ramesh Sawant & Ors. … Respondents
WITH
FIRST APPEAL NO. 790 OF 1999
Mahindra B. Shah
Since Deceased by His Heirs and Legal
Representatives … Appellants
V/s.
Bajrang Keshav Pawar & Ors. … Respondents
WITH
FIRST APPEAL NO. 786 OF 1999
Mahindra B. Shah
Since Deceased by His Heirs and Legal
Representatives … Appellants
V/s.
Indubai Dhondiba Ghadge & Ors. … Respondents
WITH
FIRST APPEAL NO. 787 OF 1999
Mahindra B. Shah
Since Deceased by His Heirs and Legal
Representatives … Appellants
VRJ 2
901 - FA - 586 - 1998.docx
V/s.
Vilas Vishnu Pawar & Ors. … Respondents
N. G. Kamble i/by Dr. Uday Warunjikar for the
Respondents.
Mr. Prabhakar Jadhav (through V.C.) with Rutik Kashid for
Respondent No.5.
Mr. Devendranath S. Joshi (through V.C.) for Respondent
No.6.
CORAM : ASHWIN D. BHOBE, J.
DATED : SEPTEMBER 24, 2026
P.C.:
1. On 10th September 2026, the following order was passed in these
Appeals:
“1. These Appeals are of the year 1998 and 1999. Being old matters,
today, these Appeals are listed under the caption “For Directions”.
2. When these Appeal were called out, neither the Appellants nor the
Advocate for the Appellants were present in Court either physically or
through VC mode.
3. Ms. Neha Deshpande learned Advocate for the Respondent and Mr.
Rutik Kashid, learned Advocate for the Respondent No. 5, are present in
Court. They state that Advocate on record for the Appellants is from Mumbai.
They submit that they would make an attempt to contact the Advocate on
record for the Appellants and inform him about the next date fixed in this
matter. They request for an adjournment and listing of this matter on
24.09.2026.
4. At the request of the learned Advocates for the Respondents, list these
Appeals on 24.09.2026, under the caption “For Disposal”, on Supplementary
Board.
5. It is clarified that if the Appellants / Advocate for the Appellants do
not appear, appropriate order would be passed after hearing the parties
present.”
VRJ 3
901 - FA - 586 - 1998.docx
2. Today, when these Appeals were called out names of the
Appellants and Advocate for the Appellants were called out by the Court
Sheristedar. Neither the Appellants nor the Advocate on Record for the
Appellants in these Appeals are present either in Court or on V.C.
3. Mr. Prabhakar Jadhav, learned Advocate for Respondent No. 5,
and Mr. Devendranath S. Joshi, learned Advocate for Respondent No. 6–
Insurance Company, submit that the absence of the
Appellants/Advocate on Record for the Appellants indicates that the
Appellants are not interested in pursuing the Appeals, which are
pending since the years 1999 and 1998 respectively, that is, for almost
26 years. They, therefore, insist for dismissal of these Appeals. They
refer to the caution which was given to the Appellants/Advocate for the
Appellants in the order dated 10th September 2026 and these Appeals
being today listed under the caption “For Disposal”.
4. In view of the absence of the Appellants/Advocate for the
Appellants, and insistence for dismissal as requested by Mr. Prabhakar
Jadhav, learned Advocate for Respondent No. 5, and Mr. Devendranath
S. Joshi, learned Advocate for Respondent No. 6–Insurance Company,
this Court is left with no other alternative but to dismiss these Appeals
for non-prosecution.
VRJ 4
901 - FA - 586 - 1998.docx
5. The First Appeal No. 586 of 1998, First Appeal No. 788 of 1999,
First Appeal No. 791 of 1999, First Appeal No. 790 of 1999, First Appeal
No. 786 of 1999 And First Appeal No. 787 of 1999 are dismissed for
non-prosecution.
6. All Pending Interlocutory Applications, if any, stand disposed of in
view of the disposal of the First Appeals.
(ASHWIN D. BHOBE, J.)
VRJ 5
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