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Bombay High Court

MAHENDRA SHRIDHAR HIRLEKARversusSHAMSUDDIN A. KAZI AND ORS.

Decided
Disposal
Dismissed

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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