Bombay High Court

PRAMILA SUMAN SINGHversusTHE MUNICIPAL CORPORATION FOR GREATER MUMBAI AND ORS.

Decided: 2 February 2026
Disposal: Allowed
Bench: JITENDRA SHANTILAL JAIN

Holding

The court condoned the delay and restored the appeal dismissed for non‑prosecution.

Summary

The appellant sought restoration of an appeal that had been dismissed for non‑prosecution on 13 June 2025. The appellant explained that the non‑appearance was due to personal difficulty of the advocate, and filed an interim application on 28 January 2026 seeking condonation of delay. The court, after considering the affidavit, condoned the delay and accepted the explanation as satisfactory. Consequently, the court restored First Appeal No. 1772 of 2019. The interim application was thereafter disposed of.

Issues considered

Whether the delay in filing the interim application for restoration of the appeal can be condoned.
Whether an appeal dismissed for non‑prosecution can be restored on the ground of personal difficulty of the advocate.

Subjects

restoration of appeal
non‑prosecution
condonation of delay
interim application
civil appellate jurisdiction

Judgment

  2026:BHC-AS:5230
                               Sayyed                                                     34-IA.12558.2025.doc


                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                CIVIL APPELLATE JURISDICTION

                                             INTERIM APPLICATION NO.12558 OF 2025
                                                              IN
                                                 FIRST APPEAL NO.1772 OF 2019

                               Pramila Suman Singh
                               (since deceased through legal heir)
                               1a) Roshansingh Thakur                 ...Applicant/Appellant
                                     Versus
                               The Municipal Corporation
                               For Greater Mumbai & Ors.              ...Respondents
                                     _____________________________________________________
                               Ms. Sharaon Patole for the Applicant/Appellant.
                               Mr. Pradeep M. Patil for the Respondent-MCGM.
                                     _____________________________________________________

                                                              CORAM :        JITENDRA JAIN, J.
                                                              DATE       :   2 FEBRUARY 2026
                               P.C.:

                               1.       For the reasons stated in paragraph 3 to 5 of additional
                               affidavit dated 28 January 2026, the delay in filing the present
                               application is condoned.

                               2.       The present application is taken out for restoration of the
                               appeal which came to be dismissed for non-prosecution on 13 June
                               2025. The reason for non-appearance on that day is the personal
                               difficulty of the advocate. The reason being satisfactorily explained,
                               First Appeal No.1772 of 2019 is restored.

                               3.       Interim Application is disposed of.




                                                                              [ JITENDRA JAIN, J. ]


Signed by: Sayyed Saeed Ali
Designation: PA To Honourable Judge
Date: 02/02/2026 18:36:40                                       1 of 1

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