Bombay High Court

SOLAPUR MUNICIPAL CORPN.versusGOPAL VISHWANATH GAWADE AND ORS.

Disposal: Disposed Off

Holding

The appeal is dismissed for non‑prosecution due to the non‑appearance of the parties.

Summary

The Solapur Municipal Corporation filed a first appeal in 2002 against awards granted by the Motor Accidents Claims Tribunal, Solapur, which ordered payments of Rs. 8,500 and Rs. 1,45,000 with interest. The appeal was listed for hearing on 24 September 2026, but neither the appellant, the respondents nor any counsel appeared, either in person or via video conference. The Court, noting the complete absence of the parties, exercised its power to dismiss the appeal for non‑prosecution. Consequently, the appeal was dismissed and the related civil application was also disposed of. The judgment underscores the procedural consequence of failing to prosecute an appeal.

Issues considered

What is the appropriate consequence when an appellant and the parties fail to appear for a scheduled hearing of an appeal?

Subjects

appeal
non‑prosecution
dismissal
civil procedure
motor accidents claims tribunal
default

Judgment

                                                                                    908 - FA - 1297 - 2002.docx


                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                            CIRCUIT BENCH AT KOLHAPUR
                                            CIVIL APPELLATE JURISDICTION
VAIBHAV
RAMESH
JADHAV
Digitally signed by
VAIBHAV RAMESH
                                             FIRST APPEAL NO. 1297 OF 2002
JADHAV
Date: 2026.09.24
17:52:47 +0530




                      Solapur Municipal Corporation                          … Appellant
                                 V/s.
                      Gopal Vishwanath Gawade & Ors.                         … Respondents

                                                        WITH
                                         CIVIL APPLICATION NO. 3735 OF 2002
                                                         IN
                                           FIRST APPEAL NO. 1297 OF 2002

                      Soloapur Municipal Corporation                         … Applicant
                                 V/s.
                      Gopal Vishwanath Gawade & Ors.                         … Respondents

                      None for the Appellant.



                                                         CORAM          : ASHWIN D. BHOBE, J.

                                                         DATED          : SEPTEMBER 24, 2026
                      P.C.:


                      1.      On 10th September 2026, the following order was passed:


                              “1.    This Appeal is of the year 2002.

                              2.     Today, when this Appeal was called out, neither the Appellant,
                              Respondents, nor the Advocates for the parties were present in Court either
                              physically or through VC mode.

                              3.      To afford an opportunity to the Appellant / Respondents / Advocates
                              for the parties to appear and argue the case, list this Appeal on 24.09.2026,
                              under the caption “For Disposal”, on the Supplementary Board.”



                      2.      Perused the record.




                      VRJ                                                                                    1
                                                      908 - FA - 1297 - 2002.docx


3.    By the impugned judgment and award dated 18th January 2001,

the Motor Accidents Claims Tribunal, Solapur, has awarded an amount

of Rs. 8,500/- along with interest in MACP No. 382 of 1995 and an

amount of Rs. 1,45,000/- along with interest in MACP No. 372 of 1995.


4.    In view of the absence of the Appellant / representatives of the

Appellant / Advocate for the Appellant, this Court is left with no

alternative but to dismiss this Appeal for non-prosecution.


5.    First Appeal No. 1297 of 2002 is dismissed for non-prosecution.


6.    Civil Application No. 3735 of 2002 is disposed of in view of the

disposal of the First Appeal.



                                           (ASHWIN D. BHOBE, J.)




VRJ                                                                            2

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