Bombay High Court

KALAVATI TOOFANI SINGHversusMUNNIDEVI WD/O MAHENDRA MALLAH

Decided: 27 August 2026
Disposal: Disposed Off

Holding

The interim applications were dismissed for want of prosecution.

Summary

In a civil appellate matter, Smt. Munnidevi filed interim applications against Smt. Kalavati. The respondent indicated she was not interested in pursuing the interim applications. Counsel for the appellant highlighted that the applications were effectively taken out by the respondent. The court observed that without the respondent's desire to prosecute, the applications could not proceed. Consequently, the court dismissed the interim applications for want of prosecution.

Issues considered

What is the appropriate disposition of interim applications when the respondent is not desirous of prosecuting them?

Subjects

interim application
dismissal
want of prosecution
civil appellate jurisdiction
procedural law

Judgment

                                                                   1/2                   4 FA-349-2019.DOC




                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                CIVIL APPELLATE JURISDICTION
SAIRAJ
SANJAY
KARANDE
Digitally signed by
SAIRAJ SANJAY
                                            INTERIM APPLICATION NO. 1691 OF 2026
KARANDE
Date: 2026.08.29
10:44:02 +0530
                                                              IN
                                                FIRST APPEAL NO. 349 OF 2019


                      Smt. Munnidevi wd/o Mahendra Mallah                      … Applicant
                                      Vs.
                      Smt.Kalavati Toofani Singh                               … Respondent


                                                            WITH
                                            INTERIM APPLICATION NO. 13750 OF 2023
                                                              IN
                                                 FIRST APPEAL NO. 349 OF 2019
                                                           _______
                      Mr. H. P. Pandey for Appellant.
                                                           _______


                                                   CORAM       :         ARIF S. DOCTOR, J.
                                                   DATE        :         27th AUGUST 2026.


                      P.C.


                      1.       These Interim Applications were placed on Board under the caption for


                      ‘dismissal’.


                      2.       Mr. Pandey, learned counsel appearing on behalf of the Appellant points


                      out that the captioned Interim Applications are taken out by the Respondent. It is




                      Sairaj
                                        2/2                    4 FA-349-2019.DOC


therefore, clear that the Respondent is not desirous of prosecuting the Interim


Application.


3.       The Interim Applications are accordingly, dismissed for want of


prosecution.




                                                    (ARIF S. DOCTOR, J.)




Sairaj

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