Bombay High Court

MS. LATIFA D/O GHOUSE KHAN AND ANRversusMRS. FATIMA (BIBI) WD/O MOINUDDIN KHAN AND ANR

Decided: 17 January 2026
Disposal: Disposed Off
Bench: JITENDRA SHANTILAL JAIN

Holding

The appeal is dismissed for want of prosecution, and any interim relief is vacated.

Summary

The appellants, Latifa and an associate, failed to appear before the Bombay High Court on the scheduled dates for their appeal and related civil application. Consequently, the court dismissed the appeal for want of prosecution. Any interim relief that had been granted was vacated, and the pending civil application was ordered to be disposed of. No substantive merits of the dispute were addressed due to the appellants' non‑appearance. The order reflects the court’s procedural rule that an appeal may be dismissed when the parties do not prosecute it.

Issues considered

Whether an appeal may be dismissed for want of prosecution when the appellants fail to appear

Subjects

appeal dismissal
want of prosecution
interim relief vacated
civil application disposal
procedural law

Judgment

         ppn                                    1                          4.fa-376-12.doc


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                Digitally signed
                                 CIVIL APPELLATE JURISDICTION
                by PRACHI
PRACHI          PRANESH
PRANESH         NANDIWADEKAR
NANDIWADEKAR
                Date: 2026.01.17      FIRST APPEAL NO.376 OF 2012
                13:18:10 +0530
                                                  WITH
                                   CIVIL APPLICATION NO.1909 OF 2013

    Latifa D/o. Ghouse Khan & Anr.                           …Appellants/Applicants
            V/s.
    Fatima (Bibi) wd/o Moinuddin Khan & Anr.                 .…Respondents

                                                    ----
    None for the appellants/applicants.

                                               ----
                                               CORAM : JITENDRA JAIN, J.
                                               DATED : 17th January 2026
    P.C. :

    1.         On 8 January 2026, none appeared for the appellants. Therefore, the
    matter was kept today for ‘dismissal.’ Today also, there is no appearance on
    behalf of the appellants.

    2.         Appeal is dismissed for want of prosecution. Interim relief, if any,
    stands vacated. Civil application, if any, does not survive and is accordingly
    disposed of.


                                                             (JITENDRA JAIN, J.)

Continue reading with your account

Checking your session…