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Bombay High Court

SMT.ANAGHA A. KHANDKAR and ORS.versusMARULLA B. PATHAN and ORS.

Decided
Disposal
Dismissed

Holding

The appeal is dismissed for want of prosecution.

Summary

The appellants, Smt. Anagha A. Khandkar and others, filed a first appeal before the Bombay High Court against the respondents, Marulla B. Pathen and others. The appellants were represented by Ms. Neeta Patil, instructed by Mr. S.R. Nargolkar. No further instructions or pleadings were received from the appellants after the initial appearance. The learned judge observed that the appeal had not been prosecuted. Consequently, the court dismissed the appeal for want of prosecution.

Issues considered

  • Whether a civil appeal may be dismissed for want of prosecution when the appellant fails to provide further instructions or pleadings.

Subjects

  • civil appeal
  • want of prosecution
  • procedural dismissal
  • High Court of Bombay
  • civil procedure

Judgment

                                                                                     6-FA-368-2002.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. 368 OF 2002
           2026.05.02
           11:12:18
           +0530
                              Smt. Anagha A. Khandkar and others                … Appellants
                                       Versus
                              Marulla B. Pathan and others                      … Respondents
                                                           ………...
                              Ms. Neeta Patil instructed by Mr. S.R. Nargolkar, Advocate for the
                              Appellants.
                              None for the Respondents.
                                                           ………...

                                                              CORAM       :     ABHAY AHUJA, J.
                                                              DATE        :     30 APRIL 2026

                              P.C. :


                              1.          Ms. Patil, learned Counsel, appears for the Appellants and

                              submits that since no instructions are being received from the

                              Appellants, this Court may pass appropriate orders.

                              2.          In view of the above, the First Appeal stands dismissed for

                              want of prosecution.



                                                                                (ABHAY AHUJA, J.)




                              Kanchan Dhuri                                                          1/1


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