Bombay High Court
MR JAGDISH CHIMANLAL MODYversusDR BEHRAM TAIMUR BADNIWALA AND OTHERS
- Decided
- Disposal
- Dismissed
Holding
The appeal is dismissed for non‑prosecution, and the civil application is disposed.
Summary
The appellant, Jagdish Chimanlal Mody, died on 7 January 2016. A civil application (ST) No. 22705 of 2018 was filed seeking to recall an earlier order dismissing his application for non‑removal of office objections. No party appeared before the court even on the final date of 10 August 2026, leading the court to dispose of the civil application. A first appeal had been filed against the dismissal of the original claim petition. Since the appellant was deceased and the appeal was not prosecuted, the High Court dismissed the first appeal for non‑prosecution and ordered the record to be returned to the tribunal.
Issues considered
- What is the effect of the appellant's death on the continuation of the appeal?
- Can a civil application seeking recall of an order be entertained when no party appears for prosecution?
- Is dismissal for non‑prosecution appropriate under procedural law?
Subjects
- appeal
- non‑prosecution
- death of appellant
- civil application
- recall of order
- High Court of Bombay
- procedural law
Judgment
3 Fa-1474-2006.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FIRST APPEAL NO. 1474 OF 2006
ALONGWITH
CIVIL APPLICATION (ST) NO. 22705 OF 2018
Mr Jagdish Chimanlal Mody ...Appellant
Vs.
Dr Behram Taimur Badniwala
and Others ...Respondents
*****
None for the Appellant
Mr. Ramesh Cheulkar for the Respondent No. 2
Ms. Harshada Rane For Respondent No. 3
(Through VC)
*****
CORAM : S. M. MODAK, J.
DATE : 31st AUGUST 2026
P. C. :-
1. Appellant died on 07.01.2016. Learned Registrar, Judicial – II as
per conditional order dismissed the application for non-removal of the
office objections vide order dated 18.08.2016. Civil Application (ST)
No. 22705 of 2018 is filed for recalling the order. Since long no
Digitally
signed by
SEEMA SEEMA
KSHITIJ
KSHITIJ YELKAR
Date:
YELKAR 2026.09.01
11:26:55
+0530 Seema 1/2
3 Fa-1474-2006.doc
one is prosecuting the application. Even on the last date i.e. 10 th
August 2026, no one was present. Today also no one is present.
2. Accordingly, Civil Application (ST) No. 22705 of 2018 is
disposed of.
3. First appeal was filed against dismissal of the Claim Petition.
4. In view of the above, the First Appeal stands dismissed for non-
prosecution.
5. Record and proceedings be returned to the Tribunal on priority
basis.
[S. M. MODAK, J.]
Seema 2/2
Checking your session…