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Bombay High Court

DR. TANAJI DNYANESHWAR KADversusMRS. LAXMI TANAJI KAD (MAIDEN NAME LAXMI NARSAPPA TALARE)

Decided
Disposal
Disposed Off

Holding

The appeal is dismissed for want of prosecution and any interim relief is vacated.

Summary

Dr. Tanaji Dnyaneshwar Kad filed a civil appeal before the High Court of Bombay against Laxmi Tanaji Kad. The appellant failed to appear on the scheduled hearing date of 6 January 2026, and again on 13 January 2026 when the matter was listed for dismissal. The Court, giving the appellant a further opportunity, noted the continued non‑appearance and proceeded to dismiss the appeal for want of prosecution. Consequently, any interim relief that may have been granted earlier was vacated. The judgment reflects the Court’s adherence to procedural rules requiring active prosecution of appeals.

Issues considered

  • Whether the appeal should be dismissed for want of prosecution due to the appellant's failure to appear.

Subjects

  • civil procedure
  • appeal
  • want of prosecution
  • interim relief
  • dismissal

Judgment

  2026:BHC-AS:1246
                               Sayyed                                                        7-FA.910.2016.doc


                                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                 CIVIL APPELLATE JURISDICTION

                                                      FIRST APPEAL NO.910 OF 2016

                               Dr. Tanaji Dnyaneshwar Kad                   ...Appellant
                                     Versus
                               Laxmi Tanaji Kad
                               (maiden name Laxmi Narsappa Talare)          ...Respondent
                                     _____________________________________________________
                               None for the Appellant.
                                    _____________________________________________________

                                                               CORAM :        JITENDRA JAIN, J.
                                                               DATE       :   13 JANUARY 2026
                               P.C.:

                               1.        On 6 January 2026, none appeared for the appellant and,
                               therefore, to give one more opportunity the appeal is listed today under
                               the caption for dismissal. Today also, there is no appearance on behalf
                               of the appellant.


                               2.        Appeal is dismissed for want of prosecution. Interim relief, if
                               any, stands vacated.



                                                                               [ JITENDRA JAIN, J. ]




Signed by: Sayyed Saeed Ali
Designation: PA To Honourable Judge
Date: 13/01/2026 17:36:54                                        1 of 1


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