Bombay High Court
SMT. BABAI MADHAV KSHIRSAGAR @ BABANBAI MADHAV KSHIRSAGAR THR.LRS. 1-A TO 1E AND ORS.versusTHE GENERAL MANAGER, PUNE MUNICIPAL TRANSPORT,PUNE
- Decided
- Disposal
- Dismissed
Holding
The appeal is dismissed for want of prosecution, with liberty to seek restoration within six months.
Summary
The appellants, Babai Madhav Kshirsagar & Ors., filed a first appeal (No. 733 of 2002) in May 2024 but failed to engage any counsel or take steps to prosecute the appeal. The respondent, the General Manager of Pune Municipal Transport, was represented by counsel. The court observed that the appellants had not appeared or taken any action to move the appeal forward. Consequently, the court dismissed the appeal for want of prosecution, granting the appellants liberty to apply for restoration of the appeal if sufficient cause is shown. Such an application must be filed within six months from the date of the order. The order was pronounced by Justice Jitendra Jain on 22 June 2026.
Issues considered
- Whether the appeal should be dismissed for want of prosecution?
Subjects
- appeal
- want of prosecution
- restoration of appeal
- civil appellate jurisdiction
- procedural default
Judgment
Sneha Bang 1 35.FA-733-2002.doc
Digitally
signed by
SNEHA
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SNEHA JAYPRAKASH
JAYPRAKASH BANG
BANG Date:
2026.06.22
CIVIL APPELLATE JURISDICTION
18:38:35
+0530
FIRST APPEAL NO. 733 OF 2002
Babai Madhav Kshirsagar & Ors. …. Appellants
Versus
The General Manager, Pune
Municipal Transport, Pune .… Respondent
__________________________________________________________________
Mr. Pramod N. Joshi (through V.C.) for the Appellants.
Mr. C. M. Lokesh for the Respondent.
__________________________________________________________________
CORAM : JITENDRA JAIN, J.
DATED : 22nd JUNE 2026
P. C. :
1. Mr. Joshi, learned counsel for the appellants whose name is shown as
advocate for the appellant states that in May, 2024 the appellants have
taken the papers. However, it appears that the appellants have not engaged
any other advocate.
2. Therefore appeal is dismissed for want of prosecution with liberty to
seek restoration, if sufficient cause is shown. Such application should be
made within six months from today.
3. First Appeal No. 733 of 2002 is dismissed.
[ JITENDRA JAIN, J. ]
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