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Bombay High Court

M/S. BHARAT SALES CORPORATIONversusTHE KHATAU MAKANJI SPINNING and WEAVING CO. LTD.

Decided
Disposal
Dismissed

Holding

The appeal was dismissed for want of prosecution as the appellant could not secure instructions from the legal heirs of the deceased partners.

Summary

M/s Bharat Sales Corporation appealed a civil matter against The Khatau Makanji Spinning & Weaving Co. Ltd. The appellant’s counsel informed the court that all partners of the firm had died and that she could not locate the legal heirs of those deceased partners. Because no instructions could be obtained from the heirs, the appellant was unable to prosecute the appeal. The court examined whether the appeal could continue in the absence of such instructions. Finding that the appellant could not advance the case, the court dismissed the appeal for want of prosecution. Consequently, the accompanying civil application was also disposed of.

Issues considered

  • Can an appeal proceed when the appellant is unable to obtain instructions from the legal heirs of all deceased partners?
  • Should the civil application survive when the appeal is dismissed for want of prosecution?

Subjects

  • procedural law
  • want of prosecution
  • civil appeal
  • legal heirs
  • partner death

Judgment

                      Sayyed                                                        3-FA.363.2018.doc


                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        CIVIL APPELLATE JURISDICTION

SAYYED
         Digitally
         signed by
                                          FIRST APPEAL NO.363 OF 2018
SAEED    SAYYED
         SAEED ALI                                    WITH
ALI      AHMED ALI
         Date:
AHMED    2026.02.13                    CIVIL APPLICATION NO.1034 OF 2018
ALI      16:26:27
         +0530




                      M/s. Bharat Sales Corporation         ...Appellant/Applicant
                            Versus
                      The Khatau Makanji Spinning
                      & Weaving Co. Ltd.                    ...Respondent
                           _____________________________________________________
                      Ms. Martina Sapkal & Ms. Namrata B. Kharat i/by Arun Sapkal & Co.
                      for the Appellant/Applicant.
                      Mr. Rajiv A. Jadhav a/w Ms. Sonali Lolage for the Respondent.
                            _____________________________________________________

                                                     CORAM :         JITENDRA JAIN, J.
                                                     DATE        :   12 FEBRUARY 2026
                      P.C.:

                      1.        The learned counsel for the appellant states that all the
                      partners of the firm have expired and inspite of her best efforts, she
                      could not contact the legal heirs of the deceased partners.

                      2.        In view of above, for want of instructions from the legal heirs
                      of all the deceased partners, the appeal is dismissed for want of
                      prosecution. Consequently, civil application does not survive and is
                      disposed of.


                                                                      [ JITENDRA JAIN, J. ]




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