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Bombay High Court

MRS. SONMATI SHIVAJI JAISWALversusSHREE GANESH SAI SRA CO.OP. HSG. SOC. LTD. AND ORS.

Decided
Disposal
Dismissed

Holding

The appeal is dismissed for want of prosecution.

Summary

The appellant, Mrs. Sonmati Shivaji Jaiswal, filed a first appeal (No. 1355 of 2016) along with two civil applications. No counsel appeared on behalf of the appellant on 25 February 2026, and the same situation persisted on the next hearing date, 4 March 2026. The Court noted the lack of prosecution of the appeal and consequently dismissed it. The pending civil applications, if any, were also deemed not to survive. The interim relief that had been granted earlier was vacated.

Issues considered

  • Whether the appeal should be dismissed for want of prosecution

Subjects

  • civil procedure
  • appeal dismissal
  • want of prosecution
  • interim relief vacated

Judgment

                                                                                5-FA-1355-16.doc


                                                                                                   rsk
                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          CIVIL APPELLATE JURISDICTION

                                           FIRST APPEAL NO.1355 OF 2016
                                                        WITH
                                         CIVIL APPLICATION NO.278 OF 2015
                                                        WITH
                                         CIVIL APPLICATION NO.3635 OF 2016

                        Mrs. Sonmati Shivaji Jaiswal                              ...Appellant
                        Vs
                        Shree Ganesh Sai Sra Co.Op.
                        Hsg. Soc. Ltd. And Ors.                                   ...Respondents

                              ____________________________________________________
                        None for the Appellant.
                        None for the Respondents.
                             _____________________________________________________

                                                        CORAM :      JITENDRA JAIN, J.
                                                        DATED :      04 MARCH 2026

                        P. C.:
                        1.     On 25 February 2026 none appeared for the appellant. Therefore,

                        the matter was listed today for dismissal. Today also same position

                        continues. Appeal is dismissed for want of prosecution. Civil

                        Applications, if any does not survive. Interim relief stands vacated.


           Digitally
           signed by
           RAJESHWARI
RAJESHWARI SUBODH
SUBODH
KARVE
           KARVE
           Date:
                                                                        [ JITENDRA JAIN, J. ]
           2026.03.04
           17:20:01
           +0530




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