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Bombay High Court

SHRINIWAS SOUNDRA PANDIANversusMUNICIPAL CORPORATION OF GREATER MUMBAI THROUGH ITS HEAD OFFICE AND ORS.

Decided
Disposal
Dismissed

Holding

The appeal is dismissed for want of prosecution.

Summary

The appellant, Shriniwas Soundra Pandian, filed an appeal against the Municipal Corporation of Greater Mumbai challenging a 2019 auction notice. The appellant's counsel, Mr. A. P. Khandari, returned the appeal papers to the appellant several years ago and reported that he was no longer in contact with the appellant. No new advocate was engaged to prosecute the appeal, and the appellant failed to appear when the matter was listed. The court held that the appeal had become infructuous and dismissed it for want of prosecution. Consequently, any interim relief previously granted was vacated and the interim application did not survive.

Issues considered

  • What is the effect of non‑prosecution of an appeal on its continuance?
  • Does an appeal become infructuous if the appellant fails to appear and no counsel is engaged?

Subjects

  • appeal
  • want of prosecution
  • procedural default
  • auction notice
  • municipal corporation
  • civil appellate jurisdiction

Judgment

                                                                                 8-FA-44-21.doc


                                                                                                  rsk
                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                            CIVIL APPELLATE JURISDICTION
                                              FIRST APPEAL NO.44 OF 2021
                                                        WITH
                                          INTERIM APPLICATION NO.227 of 2021

                        Shriniwas Soundra Pandian                   ...Appellant
                        Vs
                        Municipal Corporation Of Greater
                        Mumbai Through Its Head Office And Ors.     ...Respondents
                              _____________________________________________________
                        Mr. A. P. Khandari for the Appellant.
                        Ms. Pallavi Khale i/b Ms. Komal Punjabi for the Respondent.
                              _____________________________________________________

                                                         CORAM :      JITENDRA JAIN, J.
                                                         DATED :      04 MARCH 2026

                        P. C.:

                        1.       On 25 February 2026 none appeared for the appellant. Therefore
                        the matter was listed today for dismissal.

                        2.       Today, Mr. Khanduri, learned counsel for the appellant appears
                        and states that he has returned the appeal papers 3-4 years back to the
                        appellant and he is not in touch with the appellant. He further states
                        that prima facie this appeal has become infructuous because it
                        challenges the auction notice of 2019.

                        3.       It appears that the appellants have not engaged new advocate
           Digitally
           signed by
                        inspite of Mr. Khanduri returning the papers.
           RAJESHWARI
RAJESHWARI SUBODH
SUBODH     KARVE
KARVE      Date:
           2026.03.04
                        4.       In view of above, the appeal is dismissed for want of prosecution.
           17:20:01
           +0530

                        Interim relief, if any stands vacated. Interim Applications does not
                        survive.



                                                                         [ JITENDRA JAIN, J. ]



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