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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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