Bombay High Court

KAVITA MAHENDRA KUTE and ORS.versusANURADHA UMASHANKAR JAISWAL and ORS .

Decided: 8 April 2026
Disposal: Dismissed
Bench: ABHAY AHUJA

Holding

The appeals were dismissed due to the appellants' non‑appearance and non‑compliance with the court's order.

Summary

The Bombay High Court heard a batch of first appeals filed by Indumati Nivrutti Kute and others against Anuradha Umashankar Jaiswal and others. The appellants failed to appear for the hearing on 4 March 2026, and the court noted that the order dated 4 February 2026 had not been complied with. The court again listed the matter for dismissal on 8 April 2026, and the appellants again failed to appear. Consequently, the court dismissed the first appeals. No substantive merits of the case were considered.

Issues considered

Whether the appeals should be dismissed for failure of the appellants to appear and comply with the court's earlier order

Subjects

civil procedure
non‑appearance
dismissal of appeal

Judgment

                                                 20. FA 1138-04 @ connected matters.doc


                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        CIVIL APPELLATE JURISDICTION

                        FIRST APPEAL NO. 1138 OF 2004

Indumati Nivrutti Kute and Ors.                                  ...Appellants
           V/s.
Anuradha Umashankar Jaiswal and Ors.                             ...Respondents

                                    WITH
                        FIRST APPEAL NO. 1141 OF 2004
                                    WITH
                        FIRST APPEAL NO. 1142 OF 2004
                                    WITH
                        FIRST APPEAL NO. 1140 OF 2004
                                    WITH
                        FIRST APPEAL NO. 1139 OF 2004

None for the Appellants.
Mr. Rajesh Ranglani i/b Ms. Minal Chandnani for the Respondent No.
2.
                  CORAM      :     ABHAY AHUJA, J.
                  DATE       :     8th APRIL, 2026
P.C. :
1.       None for the Appellants.

2.       On 4th March, 2026 also since none had appeared for the

Appellants, the following order was passed:-

                 “1. None for the Appellants.
                 2. It does not appear that the order dated 4 th February,
                 2026 has been complied with.
                 3. Accordingly, list on 8th April, 2026 under the caption
                 “for Dismissal”.

3.       Today again none appears for the Appellants. Accordingly, the

First Appeals stand dismissed.

                                                         (ABHAY AHUJA, J.)

Nikita Gadgil                                                       1/1

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