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Bombay High Court

KULIN RAVINDRA SAMPATversusJIGAR PARESH KAPADIA

Decided
Disposal
Disposed Off

Holding

The appeal and the interim application were dismissed for want of prosecution.

Summary

The appellant, Kulin Ravindra Sampat, failed to appear before the Bombay High Court on the scheduled date of 19 November 2025, leading to an adjournment to 22 December 2025 to give a fair opportunity. Despite the adjournment, the appellant remained unrepresented and the appointed advocate returned the case papers to the appellant. The court observed that the appellant appeared uninterested in pursuing the appeal. Consequently, the court exercised its inherent power to dismiss the appeal and the accompanying interim application for want of prosecution. The order was pronounced by Justice Kamal Khata on 28 January 2026, effectively terminating the proceedings.

Issues considered

  • What is the appropriate judicial response when an appellant fails to prosecute an appeal and remains unrepresented?

Subjects

  • want of prosecution
  • appeal dismissal
  • civil appellate jurisdiction
  • procedural default
  • high court

Judgment

                                                                                33-asao-72-2024+.doc


                      Sumedh

                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIVIL APPELLATE JURISDICTION
                                     APPEAL FROM ORDER NO.72 OF 2024
                                                  WITH
                                    INTERIM APPLICATION NO.670 OF 2024

                      Kulin Ravindra Sampat                               ... Appellant
                            V/s.
                      Jigar Paresh Kapadia                                ... Respondent

                                                     _______________________
                      None for the Appellant.
                                                     _______________________
                                                       CORAM : KAMAL KHATA, J.
                                                       DATED : 28TH JANUARY 2026.

                      P.C. :
                      1.     None appeared for the Appellant on 19th November 2025,

                      therefore, the matter was adjourned to 22nd December 2025 to

                      afford the Appellant a fair opportunity.

                      2.   However, the Appellant continues to remain unrepresented

                      even today. The Advocate for the Appellant (whose name appears

                      on the board) informs the Court that they have already returned

                      the papers to the Appellant.

                      3.   It appears that the Appellant is not interested in prosecuting

                      the Appeal.

                      4.   Accordingly, the Appeal and the Interim Application are

                      disposed of for want of prosecution.


                                                                     (KAMAL KHATA, J.)
         Digitally
                                                        1/1
         signed by
         SUMEDH
SUMEDH   NAMDEO
NAMDEO   SONAWANE
SONAWANE Date:
         2026.01.30
         12:55:27
         +0530


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