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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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