Bombay High Court
RANJAN MITCHELL AND ANRversusTHE DEPUTY COLLECTOR, BOMBAY AND BSD AND OTHRS
- Decided
- Disposal
- Disposed Off
- Bench
- ARIF S DOCTOR
Holding
The appeal is dismissed for want of prosecution.
Summary
The appellants, Ranjan Mitchell and another, filed a first appeal before the Bombay High Court against the Deputy Collector, Bombay and others. No counsel appeared on behalf of the appellants when the matter was called. Earlier, the court had granted the appellants time to seek instructions and listed the case for 18 March 2026. The appellants later indicated they were not desirous of prosecuting the appeal. Consequently, the court dismissed the appeal for want of prosecution.
Issues considered
- What is the appropriate course of action when an appellant does not appear and indicates a lack of desire to prosecute the appeal?
Subjects
- appeal
- want of prosecution
- civil procedure
- high court
- dismissal
Judgment
1/1 59-FA-649-2011 (C).DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FIRST APPEAL NO. 649 OF 2011
Ranjan Mitchell And Anr. ...Appellants
Versus
The Deputy Collector, Bombay And BSD And Ors. ...Respondents
_______
Mr. Tarang Jagtiani i/b M/s. Jhangiani Narula & Associates for the Appellants.
Ms. Sayali Apte i/b P.G. Lad for Respondent -MHADA.
Ms. Rashmi S. Tendulkar AGP for the State.
_______
CORAM : ARIF S. DOCTOR, J.
DATE : 22nd JUNE, 2026
P.C.
1. When the matter was called out, none has appeared on behalf of the
Appellants.
2. On the previous occasion, the Court had passed the following order:
1. Learned counsel for the appellants seeks time to take instructions from
his clients whether to pursue this appeal.
2. List this matter on 18 March 2026.
3. It is therefore clear that the Appellants are not desirous of prosecuting the
present Appeal. The Appeal is accordingly dismissed for want of prosecution.
[ARIF S. DOCTOR, J.]
Areeb
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