Bombay High Court

M/S CASINO ENTERPRISES A REGISTERED PARTNERSHIP FIRM MUMBAI THR.ITS PARTNER P.M. ABDUL KADARversusSHRI. DEO VITHAL SHETT (DECD. THR. LRS) MRS. RAJANI SHETT and ORS.

Decided: 2 April 2026
Disposal: DISMISSED FOR NON-PROSECUTION/DEFAULT AT ADMISSION STAGE
Bench: SHARMILA U DESHMUKH

Holding

The appeal is dismissed for non-prosecution.

Summary

The appellant, M/s Casino Enterprises, filed a second appeal (No. 297 of 2020) before the Bombay High Court against a decree involving the respondents, Shri Deo Vithal Shett (deceased) and Mrs. Rajani Shett. No counsel appeared on behalf of the appellant, and the court noted the lack of prosecution of the appeal. The court examined whether the appeal could proceed in the absence of any representation or action by the appellant. Finding that the appellant had failed to prosecute the appeal, the court dismissed the appeal for non-prosecution. The court also dismissed any interim application, stating that none survived for consideration.

Issues considered

What is the appropriate disposition of an appeal when the appellant fails to prosecute and no counsel appears?

Subjects

appeal
non-prosecution
civil procedure
dismissal
high court

Judgment

  2026:BHC-AS:15727

                                                                                    20 SA 297-2020.doc



                                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                    CIVIL APPELLATE JURISDICTION

                                                 SECOND APPEAL NO. 297 OF 2020

                             M/S Casino Enterprises A Registered Partnership ... Appellant.
                             Firm Mumbai Thr.Its Partner P.M. Abdul Kadar
                                      Versus
                             Shri. Deo Vithal Shett (Decd. Thr. Lrs) Mrs. Rajani ... Respondent.
                             Shett And Ors.

                                                            —————
                            None for the Appellant.
                                                            —————

                                                             Coram : Sharmila U. Deshmukh, J.
                                                             Date : April 02, 2026

                            P.C. :

                            1.       None appears on behalf of the Appellant.

                            2.       Second Appeal stands dismissed for non-prosecution.

                            3.       Interim Application, if any, does not survive for consideration

                            and same stands dismissed.

                                                                       [Sharmila U. Deshmukh, J.]




                             sa_mandawgad                     1 of 1
Signed by: Sanjay A. Mandawgad
Designation: PA To Honourable Judge
Date: 02/04/2026 19:45:16

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