Bombay High Court
KULIN RAVINDRA SAMPATversusJIGAR PARESH KAPADIA
- Decided
- Disposal
- Disposed Off
- Bench
- KAMAL KHATA
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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