Bombay High Court

MR. BALARAM SHANKAR KARBHARI AND ORS.versusMR. SAGARMAL CHOGMAL JAIN AND ORS.

Decided: 20 February 2026
Disposal: Disposed Off
Bench: JITENDRA SHANTILAL JAIN

Holding

An appeal may be dismissed for want of prosecution when the parties fail to appear before the court.

Summary

The appellants filed a first appeal and a civil application in the High Court of Bombay. No counsel or parties appeared for the appellants on the scheduled hearing date of 13 February 2026, and the same situation persisted on the next date. The court noted the lack of prosecution of the appeal and consequently dismissed it for want of prosecution. As a result, the associated civil application was also deemed not to survive and was disposed of. Any interim relief that had been granted was vacated.

Issues considered

Whether an appeal and accompanying civil application should be dismissed for want of prosecution due to non‑appearance of the parties?

Subjects

civil procedure
want of prosecution
appeal dismissal
interim relief vacated
High Court of Bombay

Judgment

  2026:BHC-AS:8737
                               Sayyed                                                               908-FA.1262.2019.doc


                                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                 CIVIL APPELLATE JURISDICTION

                                                   FIRST APPEAL NO.1262 OF 2019
                                                                WITH
                                                 CIVIL APPLICATION NO.3137 OF 2019

                               Balaram Shankar Karbhari & Ors.        ...Appellants/Applicants
                                     Versus
                               Sagarmal Chogmal Jain & Ors.           ...Respondents
                                     _____________________________________________________
                               None for the Appellants/Applicants.
                               None for the Respondents.
                                    _____________________________________________________

                                                                CORAM :          JITENDRA JAIN, J.
                                                                DATE        :    20 FEBRUARY 2026
                               P.C.:

                               1.        On 13 February 2026, none appeared for the appellants-
                               applicants. Therefore, the matter was listed today for ‘dismissal’. Today
                               also, same position continues.


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


                                                                                      [ JITENDRA JAIN, J. ]




Signed by: Sayyed Saeed Ali
Designation: PA To Honourable Judge
Date: 20/02/2026 16:47:05                                          1 of 1

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