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
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