Bombay High Court
MUNICIPALCORPORATION OF GREATER MUMBAIversusSAYAD MOMIN HUSSAIN
- Decided
- Disposal
- Disposed Off
Holding
The appeal is dismissed for want of prosecution.
Summary
The Municipal Corporation of Greater Mumbai filed an appeal but failed to appear before the High Court. The appellant sought an adjournment to engage senior counsel, which the court granted until 17 August 2026. On the adjourned date, no counsel or representative appeared on behalf of the appellant. The court reiterated its earlier order that no further time would be granted. Consequently, the court dismissed the appeal for want of prosecution.
Issues considered
- Whether the appeal should be dismissed for want of prosecution due to the appellant's failure to appear?
Subjects
- appeal
- want of prosecution
- civil procedure
- dismissal
Judgment
1/1 76-FA-2502-2011 (C).DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FIRST APPEAL NO. 2502 OF 2011
Municipal Corporation of Greater Mumbai ...Appellant
Versus
Sayad Momin Hussain ...Respondent
_______
None for the Appellants.
Digitally
signed by
MOHAMMAD
_______
MOHAMMAD AREEB
AREEB
MOHD
MOHD
AKBAR CORAM : ARIF S. DOCTOR, J.
AKBAR Date:
2026.08.18
15:02:27 DATE : 17th AUGUST, 2026
+0530
P.C.
1. On the previous occasion, the Court had passed the following Order :
“1. Learned counsel for the Appellant has sought time on the ground that
the Appellant-Corporation had engaged learned Senior Counsel to argue
this Appeal.
2. Since learned Senior Counsel is today not available, stand over to 17th
August, 2026. No further time shall be granted.”
2. Today, none appears on behalf of the Appellant. As already noted in the
earlier order, no further time shall be granted. Accordingly, the captioned
Appeal is dismissed for want of prosecution.
[ARIF S. DOCTOR, J.]
Areeb
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