Bombay High Court
PUSHPA GAJANAN THAVAIversusTHE MUNICIPAL CORPORATION OF GREATER MUMBAI
- Decided
- Disposal
- Disposed Off
- Bench
- FARHAN PARVEZ DUBASH
Holding
The court dismissed the interim application and vacated all pending interim orders for want of prosecution.
Summary
The appellant, Pushpa Gajanan Thavai, filed an interim application in an appeal against the Municipal Corporation of Greater Mumbai. The appellant failed to appear before the court on the scheduled date of 10 March 2026, and again on the adjourned date of 18 March 2026. The court noted the non‑appearance and, under the principle that a party must prosecute its case, decided to dismiss the application for want of prosecution. Consequently, the court ordered that all pending interim applications in the appeal, if any, be disposed of, and any interim orders previously passed be vacated. The dismissal was pronounced by Justice Farhan P. Dubash.
Issues considered
- Can the court dismiss an interim application for want of prosecution when the appellant fails to appear?
Subjects
- want of prosecution
- interim application
- civil procedure
- dismissal
- non‑appearance
Judgment
14. IA/2300/2021
Digitally signed
JYOTI by JYOTI
PRAKASH
Pushpa vs. MCGM
PRAKASH PAWAR
PAWAR Date: 2026.03.23
19:23:42 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 2300 OF 2021
IN
APPEAL FROM ORDER (ST) NO. 16793 OF 2021
Pushpa Gajanan Thavai .. Applicant/Appellant
V/s.
The Municipal Corporation of
Greater Mumbai .. Respondent
______________________________________
None for the Applicant/Appellant
Mr. Sachin Vajale for Respondent - BMC
_______________________________________
CORAM : FARHAN P. DUBASH, J.
DATE : 18th MARCH 2026
P.C.:
1. On the last occasion viz., 10th March 2026, none appeared for
the Applicant/Appellant and therefore, the matter was stood over to today
for dismissal.
2. Despite this, none appears for the Applicant/Appellant even
today.
3. Considering this, this Court is constrained to dismiss the present
matter for want of prosecution.
Page 1 of 2
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Order dated 18th March 2026
14. IA/2300/2021
Pushpa vs. MCGM
4. All pending Interim Applications taken out in the present
Appeal from Order, if any, also stand disposed of in terms of this order, and
all interim orders passed therein, if any, shall stand vacated.
( FARHAN P. DUBASH, J. )
Jyoti Pawar
Page 2 of 2
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Order dated 18th March 2026
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