Bombay High Court
SMT. NOLA JONATHAN RANBHISEversusMR. EBENEZER WALTER BAKER(DEAD) THROUGH LEGAL HEIRS1. SMT. MALINI EBENEZER BAKER AND ANR.
- Decided
- Disposal
- Disposed Off
- Bench
- ARIF S DOCTOR
Holding
An appeal is dismissed for want of prosecution when the appellant does not appear or show intent to pursue the matter.
Summary
The appellant, Smt. Nola Jonathan Ranbhise, failed to appear before the High Court of Bombay on two consecutive occasions for the hearing of First Appeal No. 1345 of 2014. The court noted that no representation was made on the appellant's behalf, indicating a lack of desire to prosecute the appeal. Consequently, the court exercised its inherent power to dismiss the appeal for want of prosecution. The dismissal of the appeal also led to the termination of the related civil application No. 3992 of 2014. The court ordered the disposal of the civil application as nothing further survived. The judgment underscores the procedural requirement of active prosecution of appeals.
Issues considered
- What is the appropriate consequence when an appellant fails to appear and prosecute a pending appeal?
Subjects
- civil procedure
- dismissal for want of prosecution
- non-appearance
- high court appeal
Judgment
1/1 5-FA-1345-2014 (C) .DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FIRST APPEAL NO. 1345 OF 2014
Smt. Nola Jonathan Ranbhise ...Appellant
Versus
Mr. Ebenezer Walter Baker (Dead)
Through Legal Heirs 1. Smt. Malini Ebenezer Baker And Anr. ...Respondents
WITH
CIVIL APPLICATION NO. 3992 OF 2014
IN
FIRST APPEAL NO. 1345 OF 2014
_______
None for the parties.
_______
CORAM : ARIF S. DOCTOR, J.
DATE : 25th JUNE, 2026
P.C.
1. On the previous occasion, the Court had passed the following order:
"1. None present for the Appellant.
2. Stand over to 25th June, 2026 under the caption for dismissal."
2. Today, once again, none has appeared on behalf of the Appellant. Hence, it
is clear that the Appellant is not desirous of prosecuting the captioned First
Appeal. The same is dismissed for want of prosecution.
3. In view of the dismissal of the First Appeal, nothing further survives in the
Civil Application, the same is accordingly disposed of.
[ARIF S. DOCTOR, J.]
Vaibhav
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