Bombay High Court
GANESH CHINNAPA PATIL (PATEL)versusTHE MUNICIAPAL CORPORATION OF GREATER MUMBAI
- Decided
- Disposal
- Dismissed
- Bench
- ARIF S DOCTOR
Holding
The appeal is dismissed for want of prosecution.
Summary
The appellant, Ganesh Chinnapa Patil, filed a first appeal against the Municipal Corporation of Greater Mumbai but failed to appear before the court on multiple occasions. The court noted that the appellant was not present on the previous occasion and again on the current date, indicating a lack of desire to prosecute the appeal. Consequently, the court held that the appeal could not proceed without the appellant’s participation. The appeal was therefore dismissed for want of prosecution. No substantive merits of the case were addressed.
Issues considered
- Whether an appeal may be dismissed for want of prosecution due to the appellant's non-appearance
Subjects
- civil procedure
- appeal
- non-appearance
- want of prosecution
Judgment
1/1 9-FA-312-2014 (C).DOC
Digitally
signed by
MOHAMMAD
MOHAMMAD AREEB
AREEB MOHD
MOHD
AKBAR
AKBAR
Date:
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
2026.08.07
15:32:41
+0530
CIVIL APPELLATE JURISDICTION
FIRST APPEAL NO. 312 OF 2014
Ganesh Chinnapa Patil (Patel) ...Appellant
Versus
The Municiapal Corporation Of Greater Mumbai ...Respondent
_______
None for the Appellant.
Mr. Pradeep M Patil for Respondent-BMC.
_______
CORAM : ARIF S. DOCTOR, J.
DATE : 6th AUGUST, 2026
P.C.
1. On the previous occasion, the Court had passed the following Order:
“None appears for the Appellant. On previous occasion also none appeared
for the Appellant.
2. Renotify on 6th August, 2026, for dismissal.”
2. Today once again none is present on behalf of the Appellant. Hence, it is
made clear that the Appellant is not desirous of prosecuting the captioned First
Appeal. The Appeal is thus dismissed for want of prosecution.
[ARIF S. DOCTOR, J.]
Areeb
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