Bombay High Court
MAHENDRA SHRIDHAR HIRLEKARversusSHAMSUDDIN A. KAZI AND ORS.
- Decided
- Disposal
- Dismissed
- Bench
- ABHAY AHUJA
Holding
The appeal is dismissed for non‑appearance of the appellant.
Summary
The High Court of Bombay heard multiple first appeals (Nos. 323, 324, 325 of 2010) filed by various appellants against Shamsuddin A. Kazi and others. No counsel or party appeared on the scheduled dates of 17 December 2025 and 13 March 2026. The court, noting the continued non‑appearance, listed the matters for dismissal on 30 April 2026. On that date, the court confirmed that no appellant had appeared and consequently dismissed the appeals. The dismissal was purely procedural, based on the appellants' failure to appear, and no substantive merits were addressed.
Issues considered
- Whether an appeal may be dismissed for failure of the appellant to appear before the court.
Subjects
- procedural default
- dismissal for non‑appearance
- civil appellate jurisdiction
- high court of Bombay
Judgment
16-FA-323-2010.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally signed
CIVIL APPELLATE JURISDICTION
by KANCHAN
KANCHAN PRASHANT
DHURI
PRASHANT
DHURI
Date: FIRST APPEAL NO. 323 OF 2010
2026.05.02
11:12:19
+0530 Anuradha Kishore Parulekar and others … Appellants
Versus
Shamsuddin A. Kazi and others … Respondents
WITH
FIRST APPEAL NO. 324 OF 2010
Rekhadevi Kanayalal Jaiswal and others … Appellants
Versus
Shamsuddin A. Kazi and others … Respondents
WITH
FIRST APPEAL NO. 325 OF 2010
Mahendra Shridhar Hirlekar … Appellant
Versus
Shamsuddin A. Kazi and others … Respondents
………...
None for the Appellants.
Ms. Jyoti Bajpayee, Advocate for the Respondents No.3 and 4.
………...
CORAM : ABHAY AHUJA, J.
DATE : 30 APRIL 2026
P.C. :
1. None for the Appellants.
2. On 13th March 2026, the following order was passed :
“1. None for the Appellants.
2. On 17th December 2025 also none had appeared
for the Appellants.
3. List for dismissal on 30th April 2026.”
3. Since today none appears for the Appellants, the First Appeal
stands dismissed.
(ABHAY AHUJA, J.)
Kanchan Dhuri 1/1
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