Bombay High Court
Fiza Nadim MullaversusNadim Ajamuddin Mulla
- Disposal
- Disposed Off
Holding
The Court dismissed the application for non‑prosecution as the applicant and counsel failed to appear despite repeated warnings.
Summary
The applicant, Fiza Nadim Mulla, filed a miscellaneous civil application (No. 287 of 2025) seeking transfer. Notice was issued to the respondent on 17 April 2026, and the matter was listed on 28 August 2026, but neither the applicant nor the applicant's counsel appeared. The court gave a final opportunity by listing the case on 16 September 2026 for dismissal, again without any appearance. On 24 September 2026, the case was listed for disposal, and still no party or counsel appeared. Considering the repeated non‑appearance despite warnings, the court dismissed the application for non‑prosecution and vacated any interim orders.
Issues considered
- Whether the miscellaneous civil application should be dismissed for non‑prosecution due to the applicant and counsel's failure to appear despite prior notices?
Subjects
- non-prosecution
- dismissal
- civil procedure
- failure to appear
Judgment
10-MCA-287-2025 (C).docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
MISC.CIVIL APPLICATION NO. 287 OF 2025
Fiza Nadim Mulla …...Applicant
Versus
Nadim Ajamuddin Mulla …...Respondent
——————
None for Applicant.
None for Respondent.
——————
Coram : ASHWIN D. BHOBE, J.
Date : 24th September 2026.
PER COURT :
1. On 16th September 2026, the following order was passed.
“1. On 28.08.2026, the following order was passed :-
1. This transfer Application is of the year 2025. Notice was issued to the
Respondent on 17th April, 2026.
2. When this Application was called out, neither the Applicant nor the
Advocate for the Applicant were present, either physically or through
VC. Mode. None present for the Respondent.
3. To afford an opportunity to the Applicant/Advocate for the Applicant to
appear and argue the case, list this matter on 16th September, 2026
under the caption "For Dismissal".
2. Despite the Applicant / Advocate for the Applicant being
cautioned that on the returnable date, this Application would
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10-MCA-287-2025 (C).docx
be dismissed for non-prosecution and as such, this Application,
being listed today under the caption "For Dismissal", neither the
Applicant nor the Advocate for the Applicant are present in
Court either physically or through VC mode.
3. As a matter of indulgence and as a last and final opportunity to
the Applicant / Advocate for the Applicant to appear and argue
the case, list this Application on 24.09.2026, under the caption
"For Disposal".”
2. Today, this matter is listed under the caption “For Disposal”. When the
matter was called out, the name of the Applicant and the Advocate-on-
Record, Mr. Mahesh Chandanshiv, was called out by the Sheristedar.
However, none appeared either physically or through VC mode.
3. In view of the absence of the Applicant / the Advocate for the
Applicant, this Court is left with no other alternative but to dismiss this
Application for non-prosecution.
4. Misc. Civil Application No. 287 of 2025 is dismissed for non-
prosecution.
5. Interim orders, if any, operating in the matter, stand vacated.
Digitally signed
by OMKAR
[ ASHWIN D. BHOBE, J. ]
SHIVAHAR
OMKAR KUMBHAKARN
SHIVAHAR
KUMBHAKARN Date:
2026.09.24
18:03:52
+0530
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