Created by Fuzzy Cloud

Bombay High Court

SHRI. NATWAR NAGJIBHAI PAREKH (DELETED SINCE DECEASED) THR. L.R.S.1A)MRS.RASILA NATVAR PAREKHversusTHE MUNICIPAL CORPORATION OF GREATER MUMBAI AND ANR

Decided
Disposal
Disposed Off

Holding

The appeal is dismissed for want of prosecution.

Summary

The appellants, Natwar Nagjibhai Parekh (deceased) and Mrs. Rasila Natvar Parekh, appealed against the Municipal Corporation of Greater Mumbai. The trial court had earlier adjourned the matter on 27 January 2026, noting that the parties were not ready. The appellants later claimed that their paper book was misplaced and sought further adjournment. The bench held that the appellant had ample time since the earlier order to organize its case and that the reason given was insufficient. Consequently, the court concluded that the appellant was not earnest in prosecuting the appeal and dismissed it for want of prosecution.

Issues considered

  • What is the appropriate basis for granting an adjournment when the appellant claims misplacement of its paper book?

Subjects

  • adjournment
  • want of prosecution
  • civil appeal
  • procedural law
  • case management

Judgment

                                              1/2                     58-FA-307-2011 (C).DOC



                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           CIVIL APPELLATE JURISDICTION


                            FIRST APPEAL NO. 307 OF 2011


Shri. Natwar Nagjibhai Parekh (deleted Since Deceased)
Thr. L.R.S.1A) Mrs. Rasila Natvar Parekh                                ...Appellants
        Versus
The Municipal Corporation Of Greater Mumbai And Anr                     ...Respondents
                                          _______
Mr. Sahil Salvi a/w Mr. Manohar Shelar i/b Mr. Omar Khaiyan Shaikh for the
Appellant.
Mr. Jash Saigal i/b Mr. Piyush Shah for Respondent Nos. 2 & 3.
Mr. Pradeep M. for Respondent-BMC.
                                          _______
                               CORAM           :        ARIF S. DOCTOR, J.
                               DATE            :        22nd JUNE, 2026


P.C.


1.      This Court had on 27th January, 2026 passed the following order:

           “1. The learned counsel for the appellant and the respondents jointly seek
           time. This matter is of the year 2011. The Court has specifically kept this
           matter in the afternoon session for final hearing so that the old matters can
           be taken up and disposed of.

           2. Inspite of the notice of the same, today the parties are not ready and seek
           time on some or the other grounds.

           3. The matter is adjourned not at the behest of the the Court but at the
           behest of the parties and their advocates.

           4. Let this matter come up for hearing in its regular course.”



2.      Learned counsel for the Appellant submits that the paper book has been

misplaced by the Appellant and thus seeks time.




Areeb
                                        2/2                 58-FA-307-2011 (C).DOC



3.      I do not find this to be sufficient ground to grant an adjournment,

particularly in light of what has been recorded in the order extracted above. The

Appellant had more than sufficient time since 27 th January, 2026 to put its

affairs in order.

4.      It is therefore clear that the Appellant is not desirous of prosecuting the

Appeal. The Appeal is accordingly dismissed for want of prosecution.




                                                  [ARIF S. DOCTOR, J.]




Areeb


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.