Bombay High Court

SHRI.GOPINATH BALASHET CHOUDHARY (POA) SHRI.SHYAM GOPINATH CHOUDHARYversusSHRI.PANNALAL KESHARCHAND BATHIYA

Decided: 18 September 2026
Disposal: Disposed Off

Holding

The appeal is dismissed for want of prosecution.

Summary

The appellant, Shri Gopinath Balashet Choudhary, filed a second appeal (No. 254 of 2018) in the Bombay High Court which remained pending for eight years without any appearance or argument. On 11 September 2026, the court noted that the appellant had not appeared and appeared to have lost interest in prosecuting the appeal. The court ordered the matter to be listed for dismissal on 18 September 2026. On the scheduled date, again no representative of the appellant appeared. Consequently, the court dismissed the second appeal for want of prosecution, concluding that the appellant had abandoned the proceeding.

Issues considered

What is the appropriate consequence when an appellant fails to prosecute an appeal for an extended period?

Subjects

dismissal
want of prosecution
civil appellate jurisdiction
procedural default
non-appearance

Judgment

                          Renuka Thakur                                                        10-SA-254-2018.docx


                                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                  CIVIL APPELLATE JURISDICTION
                                                  SECOND APPEAL NO. 254 OF 2018
                          Shri.Gopinath Balashet Choudhary                               ...Appellant
                          (Poa) Shri.Shyam Gopinath Choudhary
                                                V/s.

                          Shri.Pannalal Kesharchand Bathiya                 ...Respondent
                                                       ________________
                          None for the Appellant.
                          Ms. Astha A. Dadhich i/b Mr. Prasad B. Kulkarni for Respondent.
                                                       ________________
                                                               CORAM: SANDEEP V. MARNE, J.
                                                                         DATED: 18 SEPTEMBER 2026.


                          P.C.:


                          1)               On 11 September 2026 following order was passed:-
                                            1. None appears for the Appellant. The Appeal is pending since the year
                                            2018 and have not been argued even once. It appears that the Appellant has
                                            lost interest in prosecuting the Appeal.

                                            2. List the Second Appeal under caption ‘for dismissal’ on 18 September
                                            2026.

                          2)               Today again, none has appeared on behalf of the Appellants.


                          3)               It appears that Appellants have lost the interest in
                          prosecuting the Appeal.


                          4)               Second Appeal is dismissed for want of prosecution.


                                                                                   [SANDEEP V. MARNE, J.]


Signed by: Renuka S Thakur
                                                                  Page No.1 of 1
Designation: PA To Honourable Judge                            18 SEPTEMBER 2026
Date: 21/09/2026 11:59:17

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Astha a Dadhich