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Bombay High Court

PUSHPA GAJANAN THAVAIversusTHE MUNICIPAL CORPORATION OF GREATER MUMBAI

Decided
Disposal
Disposed Off

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
                                                -------------------------------------
                                                 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
                               -------------------------------------
                                Order dated 18th March 2026


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