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Bombay High Court

SHRI.LAXMAN SITARAM KAYGUDEversusSHIR. APPA BAPU KANSE

Decided
Disposal
Disposed Off

Holding

The second appeal was dismissed for want of prosecution.

Summary

The appellants filed a second appeal in 2016 but failed to appear before the court for over ten years, despite the court having previously condoned a delay in filing. No counsel represented the appellants at the hearing on 12 December 2017, and thereafter the appeal remained inactive. The court observed that the appellants had lost interest in prosecuting the appeal. Consequently, the court dismissed the second appeal for want of prosecution. With the appeal disposed, the related civil application (No. 478 of 2017) was also dismissed as it no longer survived.

Issues considered

  • What is the appropriate consequence when a party fails to prosecute an appeal for an extended period?

Subjects

  • civil procedure
  • delay
  • condonation of delay
  • dismissal for want of prosecution
  • appellate jurisdiction

Judgment

                       Priyanka                                            30-SA-3-2018.docx


                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          CIVIL APPELLATE JURISDICTION
                                           SECOND APPEAL NO.3 OF 2018
                                                           WITH
                                        CIVIL APPLICATION NO.478 OF 2017

                       Laxman Sitaram Kaygude & Ors                          ...Appellants
                                        V/s.

                       Appa Bapu Kanse & Ors                                ...Respondents
                                                    ________________
                       None for the Appellants.
                       Mr. Rahul S. Kate for Respondent Nos.1 to 3.
          Digitally
          signed by
          PRIYANKA
PRIYANKA  MADHAVRAO                                 ________________
MADHAVRAO KALE
KALE      Date:
          2026.09.01
          10:51:52                                               CORAM: SANDEEP V. MARNE, J.
          +0530

                                                                 DATED: 28 AUGUST 2026.
                       P.C.:
                       1)          None had appeared on behalf of Appellant on 12 December
                       2017, when this Court proceeded to condone the delay in filing the
                       Appeal. Thereafter, it appears that none has appeared in the Appeal
                       during last 10 long years. The Appeal is pending since the year 2016 and
                       cannot be kept pending forever.


                       2)          It appears that, the Appellant has lost interest in
                       prosecuting the Appeal.


                       3)          The Second Appeal is accordingly dismissed for want of
                       prosecution.



                                                          Page No.1 of 2
                                                         28 August 2026
Priyanka                                          30-SA-3-2018.docx




4)          In view of disposal of Second Appeal, Civil Application
No.478 of 2017 does not survive and accordingly is disposed of.



                                                 [SANDEEP V. MARNE, J.]




                                Page No.2 of 2
                               28 August 2026


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