Authority: High Court of Judicature at Bombay, Circuit Bench at Kolhapur

Order Date: 24 September 2026

Case Overview

  • Parties: Mahindra Bhukandas Shah (deceased) through his legal heirs and representatives (Appellants) versus multiple respondents including Radhabai Ankush Malusare, Indubai Dhondiba Ghadge, Vikas Vishnu Pawar, Vilas Vishnu Pawar, Bajrang Keshav Pawar, Chandar Ramabhilare, Ranjana Ramesh Sawant, among others.
  • Nature of Proceedings: First Appeals filed in 1998 and 1999 (Appeal Nos. 586/1998, 786/1999, 787/1999, 788/1999, 790/1999, 791/1999) concerning civil matters; later listed under the caption “For Directions”.
  • Procedural History: On 10 September 2026 the Court noted the appeals were old matters and listed them for directions. The appellants and their counsel were absent both physically and via video conference when the matters were called.
  • Advocates Present: Ms. Neha Deshpande (advocate for respondents), Mr. Rutik Kashid (advocate for Respondent No. 5), Mr. Prabhakar Jadhav (advocate for Respondent No. 5), and Mr. Devendranath S. Joshi (advocate for Respondent No. 6 – Insurance Company).
  • Requests Made: Respondents’ advocates requested an adjournment to 24 September 2026 and later urged dismissal, arguing the appellants showed no interest in pursuing the appeals after a delay of approximately 26 years.

Observations and Reasoning

  • The Court observed that the absence of the appellants and their advocate indicated a lack of intention to prosecute the appeals.
  • The Court referred to the caution issued on 10 September 2026, noting the appeals were now listed under the caption “For Disposal”.
  • Respondents’ counsel emphasized the extensive delay (1998‑1999 to 2026) and requested dismissal for non‑prosecution.
  • The Court found no contrary submissions and concluded that dismissal was the appropriate remedy.

Final Outcome

  • The following appeals are dismissed for non‑prosecution: First Appeal No. 586 of 1998, First Appeal No. 788 of 1999, First Appeal No. 791 of 1999, First Appeal No. 790 of 1999, First Appeal No. 786 of 1999, and First Appeal No. 787 of 1999.
  • All pending interlocutory applications, if any, are disposed of in view of the disposal of the first appeals.

Topics: Legal Dispute, Court Order