Created by Fuzzy Cloud

Bombay High Court

SOU. BHAGYAREKHA SEEDRAM BHOSALE PROPRIETOR M/S REKHA ENTERPRISES THR. POA SEEDRAM DHONDIBA BHOSALEversusSHRI. RAJENDRA MAHADEV THULE PROPRIETOR M/S PURVESH ENGINEERING WORK

Decided
Disposal
Disposed Off

Holding

The appeal is dismissed for want of prosecution.

Summary

The appellant, Bhagyarekha Seedram Bhosale, proprietor of M/S Rekha Enterprises, filed a second appeal against the respondent, Rajendra Mahadev Thule, proprietor of M/S Purvesh Engineering. Notices dated 28 August 2026 and 14 October 2024 were issued to the appellant, but she failed to respond. The appellant’s husband, who was her constituted attorney, had died, and the court could not establish any contact with her despite best efforts. The court observed that the appellant appeared to have lost interest in prosecuting the appeal, which had been pending since 2019. Consequently, the court dismissed the second appeal for want of prosecution, noting that the appellant may apply for restoration if she wishes to revive the matter.

Issues considered

  • What is the appropriate consequence when an appellant fails to prosecute an appeal for an extended period?
  • Whether the appellant is entitled to seek restoration of the appeal after dismissal for want of prosecution

Subjects

  • civil procedure
  • appeal
  • want of prosecution
  • restoration of appeal
  • dismissal

Judgment

                      Sonali Mane                                            21-SA-650-2019.docx



                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                            CIVIL APPELLATE JURISDICTION

                                           SECOND APPEAL NO. 650 OF 2019


                      Sou. Bhagyarekha Seedram Bhosale
                      Proprietor M/S Rekha Enterprises Thr.
                      POA Seedram Dhondiba Bhosale                             … Appellant
                               Versus

                      Shri. Rajendra Mahadev Thule Proprietor

                      M/S Purvesh Engineering Work                             … Respondent



                      Ms. Kalyani Mangave i/b Mr. Chetan G. Patil for Appellant.
                      [




                      Mr. Prabhanjan Gujar a/w Ms. Heena Suvarnakar for Respondent.



                                                       CORAM        : SANDEEP V. MARNE, J.

                                                       DATE         : 22 SEPTEMBER 2026.

                      P.C. :


                      1)            The learned counsel appearing for the Appellant invites
                      attention of the Court to the notices issued to the Appellant. Copies of
                      letters dated 28 August 2026 and 14 October 2024 are taken on record
                      and marked "X" for identification. She submits that the Appellant has
                      not responded to the said notices. She further submits that the Appeal
                      was lodged through the Appellant's husband, who was her constituted
                      attorney. She further submits that the Appellant's husband has
                      apparently passed away. She further submits that, despite making best
                      efforts, contact with the Appellant has not been established.
 MANE
 SONALI
 DILIP
Digitally signed by
MANE SONALI
DILIP
Date: 2026.09.23
15:05:34 +0530                                      ___Page No.1 of 2___
                                                     22 September 2026
Sonali Mane                                                  21-SA-650-2019.docx



2)            It appears that the Appellant has lost interest in prosecuting
the Appeal. If the Appellant is interested in prosecuting the Appeal, she
can apply for restoration of the same. The Appeal is pending since the
year 2019 and cannot be kept pending any longer.



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




                                                       [SANDEEP V. MARNE, J.]




                                ___Page No.2 of 2___
                                 22 September 2026


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.