Bombay High Court

MR.ANTON TOMAS (KOTIN) KUTINO (DEAD THRU LRS.) 1/1. ROSEMARY ANTONY KUTINOversusXAVIER ZUJI GHARSHI and ORS.

Decided: 11 September 2026
Disposal: Disposed Off

Holding

An appeal may be dismissed for want of prosecution where the appellant fails to appear and demonstrate a willingness to pursue the proceedings.

Summary

The appellant, Mr. Anton Tomas (Kotin) Kutino (deceased) represented by his legal representatives, failed to appear before the Bombay High Court for the scheduled hearing of the second appeal dated 11 September 2026. The court noted that the appellant had also not appeared for the interim application and appeared to have lost interest in prosecuting the appeal. The judge observed that non‑appearance and lack of prosecution constitute a want of prosecution. Consequently, the court dismissed the second appeal for want of prosecution. The interim application was also disposed of without any order.

Issues considered

Whether a second appeal can be dismissed for want of prosecution when the appellant fails to appear and show interest in pursuing the appeal?

Subjects

civil appeal
want of prosecution
dismissal
procedural default
high court

Judgment

                          Renuka Thakur                                                   904-SA-415-2018.docx


                                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                  CIVIL APPELLATE JURISDICTION
                                                 SECOND APPEAL NO. 415 OF 2018
                                                                 WITH
                                              INTERIM APPLICATION NO. 484 OF 2020
                          Mr.Anton Tomas (Kotin) Kutino (Dead                        ...Appellant
                          Thru Lrs.) 1/1. Rosemary Antony
                          Kutino
                                                V/s.

                          Mr.Xavier Zaju Gharshi                                    ...Respondent
                                                            ________________
                          None for Appellant.
                                                            ________________
                                                                    CORAM: SANDEEP V. MARNE, J.
                                                                      DATED: 11 SEPTEMBER 2026.
                          P.C.:


                          1)               On 9 September 2026, following order was passed:-

                                                1)     None appears for the Appellant.

                                                2)     List the Second Appeal under caption ‘for dismissal’ on
                                                11 September 2026.


                          2)               Today again none has appeared on behalf of Appellant. It
                          appears that the Appellant has lost interest in prosecuting the Appeal.


                          3)               Second Appeal is dismissed for want of prosecution.


                          4)               Interim Application is also disposed of.


                                                                                 [SANDEEP V. MARNE, J.]

Signed by: Renuka S Thakur
                                                                Page No.1 of 1
Designation: PA To Honourable Judge                          11SEPTEMBER 2026
Date: 11/09/2026 15:03:36

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