Bombay High Court

ASHOK J. ARORA AND ORS.versusMUNICIPAL CORPORATION OF GREATER MUMBAI AND ANR.

Decided: 30 April 2026
Disposal: Allowed
Bench: JITENDRA SHANTILAL JAIN

Holding

A dismissal of an appeal for non‑prosecution may be set aside upon a proper interim application, and the court restored the appeal.

Summary

The applicants, Ashok J. Arora and others, had filed First Appeal No.1543 of 2019 against the Municipal Corporation of Greater Mumbai. The appeal was dismissed by the High Court for non‑prosecution, i.e., failure to pursue the proceedings. The appellants filed Interim Application No.9610 of 2025 seeking restoration of the dismissed appeal. The court examined whether the dismissal for non‑prosecution could be set aside. Relying on procedural principles that a dismissal for non‑prosecution is not fatal if the parties show a bona fide intention to prosecute, the court ordered the appeal to be restored. Consequently, the First Appeal No.1543 of 2019 was restored and the interim application was disposed of.

Issues considered

Whether a dismissal of an appeal for non‑prosecution can be set aside by an interim application
Whether the appellant is entitled to restoration of the appeal under the Civil Procedure Code

Subjects

appeal restoration
non‑prosecution
interim application
civil procedure
High Court of Bombay

Judgment

rsk 1 902-IA-9610-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE CIVIL JURISDICTION

INTERIM APPLICATION NO.9610 OF 2025
IN
FIRST APPEAL NO.1543 OF 2019

Ashok J. Arora and Ors. ...Applicants/Appellant
V/S.
Municipal Corporation Of Greater Mumbai
And Anr. ...Respondents

__________________________________________________________________

Mr. Dikshak Soni a/w. Mr. Mohanish Ghadge for the
Applicants/Appellants.
Ms. Pallavi Khale i/b Ms. Komal Punjabi for the Respondent/BMC.
__________________________________________________________________

CORAM : JITENDRA JAIN, J.
DATED : 30th APRIL 2026

P. C. :

Digitally signed
by
1. This application is filed for restoration of the First Appeal No.1543 of
RAJESHWARI RAJESHWARI
SUBODH
SUBODH KARVE
KARVE Date:
2026.05.02
2019 which was dismissed for non-prosecution.
11:56:02 +0530

2. For the reasons stated in the Interim Application, the First Appeal
No.1543 of 2019 is restored. Interim Application is disposed of.

[ JITENDRA JAIN, J. ]

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