Bombay High Court

MR. VIREN KANAYALAL VALANI AND ANR.versusMRS. MINAXI KANYALAL VALANI AND ANR.

Decided: 6 February 2026
Disposal: Dismissed
Bench: JITENDRA SHANTILAL JAIN

Holding

The appeal is dismissed for want of prosecution and the civil application does not survive, leading to its disposal.

Summary

The appellants, Viren Kanayalal Valani and others, filed a first appeal (No.112 of 2019) and a civil application (No.358 of 2019) against the respondents, Minaxi Kanyalal Valani and others. The High Court examined whether the appeal and the accompanying civil application should proceed. The court found that the appeal had not been prosecuted adequately. Consequently, the appeal was dismissed for want of prosecution. The civil application was held not to survive the dismissal of the appeal and was therefore disposed of. Any interim relief that may have been granted earlier was vacated.

Issues considered

Whether the appeal should be dismissed for want of prosecution
Whether the civil application survives the dismissal of the appeal

Subjects

appeal
want of prosecution
civil application
interim relief
disposal

Judgment

           ppn                                1                            922.fa-112.19.doc


                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               Digitally signed
                                    CIVIL APPELLATE JURISDICTION
               by PRACHI
PRACHI         PRANESH
PRANESH                             FIRST APPEAL NO.112 OF 2019
               NANDIWADEKAR
NANDIWADEKAR                                    WITH
               Date: 2026.02.07
               11:09:31 +0530
                                  CIVIL APPLICATION NO.358 OF 2019

          Viren Kanayalal Valani & Anr.                     ….Appellants
                     V/s.
          Minaxi Kanyalal Valani & Anr.                     .…Respondents
                                                  ----
          None for the appellants.
          None for the respondents.
                                              ----
                                              CORAM : JITENDRA JAIN, J.
                                              DATED : 6 February 2026
          P.C. :

          1.       None for the appellants.

          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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