Bombay High Court

RAMA VAMAN KAVTEversusBHAGWAT R RADE

Decided: 6 February 2026
Disposal: Disposed Off
Bench: R M JOSHI

Holding

An appeal may be dismissed for want of prosecution when the appellant and counsel fail to appear, indicating lack of interest in pursuing the appeal.

Summary

Rama Vaman Kavte filed a first appeal before the Bombay High Court against Bhagwat R. Rade and others. Neither the appellant nor her counsel appeared before the court on the scheduled date. The court observed that the absence of the appellant and her counsel indicated a lack of interest in prosecuting the appeal. Consequently, the court held that the appeal could not be proceeded with. The appeal was therefore dismissed for want of prosecution.

Issues considered

Whether an appeal may be dismissed for want of prosecution when the appellant and counsel fail to appear before the court

Subjects

procedural law
appeal
want of prosecution
dismissal for non-appearance
civil procedure

Judgment

                                                                              75 FA 2299-25-C.DOC




                                                                                      Priya Soparkar


                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CIVIL APPELLATE JURISDICTION


                                      FIRST APPEAL NO. 2299 OF 2025

                      Rama Vaman Kavte                                         …Appellant
                           Versus
                      Bhagwat R. Rade and anr.                                 …Respondents


                      None for the Appellant.
                      None for the Respondents.


                                           CORAM:           R. M. JOSHI, J.
                                           DATED:           6th FEBRUARY, 2026.
                      PC:-


                      1.     None for the Appellant.

                      2.     Absence of the Appellant and her counsel indicates that the
                      Appellant has no interest in prosecuting the appeal.

                      3.     Hence, appeal stands dismissed, for want of prosecution.


                                                                              (R. M. JOSHI, J.)
                                                                                                   {




PRIYA
RAJESH
SOPARKAR
Digitally signed by
PRIYA RAJESH
SOPARKAR
Date: 2026.02.09
10:33:17 +0530

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                                                 6 February, 2026.

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