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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