Bombay High Court
MOHMMAD JALAL MOHD.KHAN AND ANR.versusKARIM ABBAS KAGDI AND ANR.
- Decided
- Disposal
- Dismissed
Holding
The appeal is dismissed for non‑prosecution due to failure to serve notice on the appellant.
Summary
The appellants, Mohammad Jalal Mohd. Khan and his wife Komar Jahan Mohd. Jalal, filed a first appeal against Karim Abbas Kagdi and another respondent. The advocate for the appellants had expired, and notice could not be served on the first appellant as he could not be located; a bailiff's report was filed. The court held that without proper service, the appeal could not proceed and that keeping the matter pending served no purpose. Consequently, the appeal was dismissed for non‑prosecution. The judgment further allowed the appellants the liberty to apply for restoration of the appeal in the future, which would be considered on its merits.
Issues considered
- What is the appropriate procedural consequence when an appeal cannot be served on an appellant?
Subjects
- service of notice
- non‑prosecution
- appeal dismissal
- restoration of appeal
- civil procedure
Judgment
16 Fa-1905-2003.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FIRST APPEAL NO. 1905 OF 2003
Mohmmad Jalal Mohd.Khan And
Anr. ...Appellants
Vs.
Karim Abbas Kagdi And Anr. ...Respondents
*****
Ms. Ketki Gokhale Advocate for the Appellants
(through VC)
Mr. Devendranath S. Joshi for the Respondent No. 2
*****
CORAM : S. M. MODAK, J.
DATE : 21st SEPTEMBER 2026
P. C. :-
1. As learned Advocate for the Appellants has expired, notice was
issued to the Appellants. Notice on Appellant No. 1 -Mohammad Jalal
Mohd. Khan could not be served as he was not found. There is bailiffs
report. Appellant No. 2- Komar Jahan Mohd. Jalal is wife of Appellant
No. 1. The same report can be considered for service on Appellant No.
2.
Digitally
signed by
SEEMA SEEMA
KSHITIJ
KSHITIJ YELKAR
Date:
YELKAR 2026.09.22
11:38:09
+0530
Seema 1/2
16 Fa-1905-2003.doc
2. No purpose will be served by keeping the appeal pending, hence
it is dismissed for non-prosecution.
3. If in the future, the Appellants may come forward, they are at
liberty to file an application for restoration of the appeal. It will be
considered on merits.
[S. M. MODAK, J.]
Seema 2/2
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