Bombay High Court

MR. MURTUZA AHMED ABDUL GAFOOR AND ANR.versusMR. MUMTAZ AHMED SHAIKH MOHAMMED SHAIKH

Decided: 2 February 2026
Disposal: Dismissed
Bench: JITENDRA SHANTILAL JAIN

Holding

The appeal is dismissed for want of prosecution and the civil application does not survive, resulting in its disposal and vacating any interim relief.

Summary

The appellants, Murtuza Ahmed Abdul Gafoor Shaikh & Anr., filed a first appeal (No. 894 of 2018) and a civil application (No. 897 of 2016) against the respondent, Mumtaz Ahmed Shaikh Mohammed Shaikh. On 7 January 2026, the appellant failed to appear, and the same situation persisted on the next hearing. The Court noted the lack of prosecution and consequently ordered the matter to be listed for dismissal. The appeal was dismissed for want of prosecution, and the accompanying civil application was held not to survive the dismissal. As a result, the civil application was disposed of and any interim relief that may have been granted was vacated. The judgment was delivered by Justice Jitendra Jain on 2 February 2026.

Issues considered

Whether an appeal can proceed when the appellant fails to appear for prosecution
Whether the civil application survives the dismissal of the appeal for want of prosecution
Whether any interim relief granted earlier remains in force after dismissal

Subjects

procedural law
dismissal for want of prosecution
civil appeal
civil application
interim relief
vacated order

Judgment

            ppn                                   1                     6.fa-894.18.doc


                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                Digitally signed   CIVIL APPELLATE JURISDICTION
                by PRACHI
PRACHI          PRANESH
PRANESH         NANDIWADEKAR
NANDIWADEKAR
                Date: 2026.02.02     FIRST APPEAL NO.894 OF 2018
                17:16:13 +0530
                                                 WITH
                                   CIVIL APPLICATION NO.897 OF 2016

       Murtuza Ahmed Abdul Gafoor Shaikh & Anr.              ….Appellants/Applicants
             V/s.
       Mumtaz Ahmed Shaikh Mohammed Shaikh                        .…Respondent
                                    ----

       None for Appellants.
       None for the Respondent.
                                              ----
                                              CORAM : JITENDRA JAIN, J.
                                              DATED : 2 February 2026
       P.C. :

       1.       On 7 January 2026, none appeared for the appellant. Therefore, the
       order was passed listing the matter today for ‘dismissal.’ Today also, the
       same position continues.

       2.       Appeal is dismissed for want of prosecution. Civil application does
       not survive and is accordingly disposed of. Interim relief, if any, stands
       vacated.


                                                             (JITENDRA JAIN, J.)

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