Bombay High Court
SUBHASH HARI BHAVSARversusRAVINDRA SURAJMAL BHAVSAR
- Decided
- Disposal
- Disposed Off
Holding
An appeal may be dismissed for want of prosecution where the appellant fails to appear and demonstrates loss of interest in pursuing the matter.
Summary
The appellant, Subhash Hari Bhavsar, filed a second appeal (No. 318 of 2018) and a civil application (No. 700 of 2018) before the Bombay High Court. The appellant failed to appear before the court on the scheduled date of 11 September 2026, and again failed to appear when the matter was listed subsequently. The court observed that the appellant had lost interest in prosecuting the appeal. Consequently, the court dismissed the second appeal for want of prosecution. The accompanying civil application was also disposed of.
Issues considered
- Whether a second appeal may be dismissed for want of prosecution when the appellant fails to appear before the court?
Subjects
- appeal
- want of prosecution
- civil procedure
- dismissal
- non-appearance
Judgment
2026:BHC-AS:37497
Renuka Thakur 903-SA-318-2018.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
SECOND APPEAL NO. 318 OF 2018
WITH
CIVIL APPLICATION NO. 700 OF 2018
Subhash Hari Bhavsar ...Appellant
V/s.
Ravindra Surajmal Bhavsar ...Respondent
________________
None for Appellant.
________________
CORAM: SANDEEP V. MARNE, J.
DATED: 11 SEPTEMBER 2026.
P.C.:
1) On 9 September 2026, following order was passed:-
1) None appears for the Appellant.
2) List the Second Appeal under caption ‘for dismissal’ on
11 September 2026.
2) Today, again none has appeared on behalf of Appellant. It
appears that the Appellant has lost interest in prosecuting the Appeal.
3) Second Appeal is dismissed for want of prosecution.
4) Civil Application is also disposed of.
[SANDEEP V. MARNE, J.]
Signed by: Renuka S Thakur
Page No.1 of 1
Designation: PA To Honourable Judge 11SEPTEMBER 2026
Date: 11/09/2026 15:04:18
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