Bombay High Court
THE UNITED INDIA INSURANCE COMPANY LIMITEDversusNASEEMA WD/O ABDUL KARIM KHAN AND ORS.
- Decided
- Disposal
- Allowed
Holding
The appeal dismissed for want of prosecution was restored to the file.
Summary
The United India Insurance Company filed an interim application seeking restoration of its first appeal (No. 1010 of 2018) that had been dismissed on 11 December 2025 for want of prosecution. The appellant explained the reasons for its non‑appearance in the original proceedings. The court examined the explanations and, being satisfied that they were satisfactory, ordered that the dismissed appeal be restored to the file. The interim application was consequently disposed, and the appeal was directed to proceed for admission in the regular course. No substantive merits of the original dispute were addressed in this order.
Issues considered
- Whether a first appeal dismissed for want of prosecution can be restored on the basis of the appellant's explanation for non‑appearance
Subjects
- restoration of appeal
- want of prosecution
- interim application
- civil appellate jurisdiction
- Bombay High Court
Judgment
ppn 1 35. IA-1697-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
Digitally signed
by PRACHI
PRACHI PRANESH
PRANESH NANDIWADEKAR INTERIM APPLICATION NO. 1697 OF 2026
NANDIWADEKAR
Date: 2026.03.04
17:34:19 +0530 IN
FIRST APPEAL NO. 1010 OF 2018
WITH
FIRST APPEAL NO. 1010 OF 2018
The United India Insurance Company Limited ….Appellant/Applicant
Versus
Naseema Wd/o. Abdul Karim Khan & Ors. .…Respondents
__________________________________________________________________
Mr. Sandeep S. Jinsiwale for the Appellant/Applicant.
None for the Respondents.
__________________________________________________________________
CORAM : JITENDRA JAIN, J.
DATED : 04th MARCH 2026
P. C. :
1. This application is filed for restoration of first appeal which was
dismissed on 11 December 2025 for want of prosecution.
2. The applicant has explained the reason for non-appearance in
paragraph 2, 3 and 4.
3. Being satisfied with the reasons stated therein, the First Appeal
No.1010 of 2018 which was dismissed for non-prosecution is restored to
file.
4. Interim Application No.1697 of 2026 is disposed of.
5. Appeal to come up for admission in its regular course.
[ JITENDRA JAIN, J. ]
Checking your session…