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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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