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Bombay High Court

ARUN JACOB REBERIOversusP.C.GANDHI AND ASSOCIATES (OWNER) AND ORS.

Decided
Disposal
Dismissed

Holding

The Court dismissed the appeal for failure of the appellant to appear.

Summary

Arun Jacob Reberio filed a first appeal (No. 1431 of 2002) against P.C. Gandhi and Associates and others. The appellant and the cross‑objectors failed to appear before the Court on the scheduled dates of 11 March 2026 and 30 April 2026. The Court, noting the non‑appearance, issued an order that if the appellant did not appear on the next date, the appeal would be dismissed. As the appellant again failed to appear on 30 April 2026, the Court dismissed both the first appeal and the cross‑objection. No substantive merits of the dispute were considered. The dismissal was purely procedural due to the appellant's non‑appearance.

Issues considered

  • Whether an appeal may be dismissed for the appellant's failure to appear before the Court on the scheduled date?

Subjects

  • procedural law
  • civil appellate jurisdiction
  • non‑appearance
  • dismissal of appeal
  • court order

Judgment

                                                                                          7-FA-1431-2002.doc


                                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY

           Digitally signed
                                                     CIVIL APPELLATE JURISDICTION
           by KANCHAN
KANCHAN    PRASHANT
           DHURI
PRASHANT
DHURI
           Date:                                     FIRST APPEAL NO. 1431 OF 2002
           2026.05.02
           11:12:20
           +0530
                              Arun Jacob Reberio                                    … Appellant
                                       Versus
                              P.C. Gandhi and Associates and others                 … Respondents
                                                                   WITH
                                                CROSS OBJECTION (ST) NO. 18357 OF 2004
                                                                     IN
                                                     FIRST APPEAL NO. 1431 OF 2002
                                                                  ………...
                              None for the Appellant.
                              Mr. Pradyumna Thakur Desai instructed by Mr. Devendranath Joshi,
                              Advocate for the Respondent No.3.
                                                           ………...

                                                                 CORAM        :     ABHAY AHUJA, J.
                                                                 DATE         :     30 APRIL 2026

                              P.C. :


                              1.          None for the Appellant. Nor for the Cross-Objectors.

                              2.          On 11th March 2026, the following order was passed :

                                          “1.    None for the Appellant nor for the cross objectors.
                                          2.     List on 30th April 2026.
                                          3.     It is made clear that if none appears for the
                                          Appellant on the next date, this Court will dismiss the
                                          appeal.”




                              Kanchan Dhuri                                                               1/2
                                                     7-FA-1431-2002.doc


3.         Since today also none appears for the Appellant and the

Cross-Objectors, the First Appeal as well as the Cross-Objection stand

dismissed.



                                                (ABHAY AHUJA, J.)




Kanchan Dhuri                                                        2/2


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