Bombay High Court

MARUTI MAHADU KAPURE.versusMUNCIPAL COUNCIL,NANDED THRO.CHIEF OFFICER.

Disposal: DISMISSED

Holding

An appeal can be dismissed in default where the appellant, through his advocate, fails to prosecute the proceeding.

Summary

The appellant, Maruti Mahadu Kapure, filed a second appeal (SA No. 32 of 1994) before the Bombay High Court, Aurangabad Bench. The court ordered on 17 August 2026 that the appeal be kept for dismissal on 25 August 2026 because the appellant's counsel had not taken necessary steps concerning the deceased sole appellant. No party appeared on the scheduled date, and again on 3 September 2026 when the matter was listed. The court observed that the appellant's advocate had lost interest in prosecuting the case. Consequently, the appeal was dismissed in default for want of prosecution, and the pending civil applications were also disposed of.

Issues considered

Whether an appeal may be dismissed for want of prosecution when the appellant fails to appear and the counsel does not take necessary steps

Subjects

appeal
default dismissal
procedural law
civil procedure
court jurisdiction

Judgment

2026:BHC-AUG:42114

907 SA NO. 32 OF 1994.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
907 SECOND APPEAL NO. 32 OF 1994

Maruti Mahadu Kapure.
VERSUS
Muncipal Council,nanded Thro.chief Officer.
...
Mr. M. D. Narwadkar, Advocate for Respondent No.2
WITH
CIVIL APPLICATION NO. 3795 OF 2014 IN SA/32/1994
….

CORAM : SANJAY A. DESHMUKH, J.
DATE : 10.09.2026
PER COURT :-

1. By order dated 17.08.2026, this Court kept the Appeal

for dismissal on 25.08.2026, as the learned Advocate for the

Appellant had not taken necessary steps in respect of the deceased

sole Appellant. However, on 25.08.2026, none appeared for the

Appellant. Thereafter, on 03.09.2026, the Appeal was listed for

today. Even today, when the matter is called out, none appears for

the Appellant. It appears that the learned Advocate for the

Appellant has lost interest in prosecuting the matter. Hence, the

Appeal is dismissed in default for want of prosecution. Pending

Civil Applications stand disposed of.

[ SANJAY A. DESHMUKH, J. ]

HRJadhav 1 of 1

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