Bombay High Court

PUSHPALATA @LATA LAXMAN MASURKARversusEFFIE FERNANDES AND ORS.

Decided: 29 August 2026
Disposal: Dismissed

Holding

The appeal is dismissed for non‑prosecution.

Summary

Miss Pushpalata (Lata Laxman) filed a claim that was dismissed by the trial court. She appealed the dismissal, but no counsel appeared on her behalf at the hearing on 18 August 2026. The Court noted the appellant's failure to prosecute the appeal. Consequently, the Court dismissed the appeal for non‑prosecution. The judgment further observed that the appellant retains a liberty to apply for restoration of the appeal, which would then be decided on its merits.

Issues considered

What is the effect of a party's failure to appear and prosecute an appeal?
Whether the appellant is entitled to seek restoration of the dismissed appeal.

Subjects

appeal
non‑prosecution
restoration of appeal
civil procedure
claim dismissal

Judgment

                                                                                 909-FA-609-2006.doc


                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CIVIL APPELLATE JURISDICTION

SATISH
RAMCHANDRA                               FIRST APPEAL NO.609 OF 2006
SANGAR
Digitally signed by
SATISH RAMCHANDRA
SANGAR
Date: 2026.09.01
                      Miss Pushpalata @ Lata Laxman                             ...Appellant
19:42:34 +0530

                             V/s.
                      Miss Effie Fernandes and Ors.                             ...Respondents
                                                         *****

                      No one is present:-                 On behalf of the Appellant.
                      Mr.H.G.Misar (Through V.C.):- Advocate for Respondent No.2–
                                                    United India Assurance Company
                                                    Ltd.
                      Mr.Ramesh Cheulkar:-                Advocate for Respondent No.3–New
                                                          India Assurance Company Ltd.

                                                     *****
                                                CORAM :            S. M. MODAK, J.
                                                DATE         :     29th AUGUST 2026
                      P. C. :-

                      1.     On 18th August 2026, no one was present on behalf of the

                      Appellant. Even today, no one is present. This is an Appeal on behalf

                      of the Claimant against dismissal of Claim Application.

                      2.     The Appeal is dismissed for non–prosecution.

                      3.     Liberty to apply for restoration. If it is applied, it will be decided

                      on merits.

                                                             [S. M. MODAK, J.]

                      Satish Sangar                                                               1/1

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