Vitthal Chintaman Paradkar v. Reji Varghese S/O. P.J.Varghese And ANR.

17 app90-24.doc TRUSHA TUSHAR MOHITE

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION TRUSHA TUSHAR MOHITE Date: 2026.03.04 12:53:32 +0530 APPEAL NO.90 OF 2024 WITH INTERIM APPLICATION NO.1464 OF 2024 IN APPEAL NO.90 OF 2024 Vitthal Chintaman Paradkar .. Appellant

Versus

Reji Varghese s/o.P.J.Varghese .. Respondent Mr.Aniesh S Jadhav, Advocate for the Appellant. Mr. Samji Joseph i/b. M/s.Uni Lex, Advocate for Respondent No.1.

CORAM:

B. P. COLABAWALLA & FIRDOSH P. POONIWALLA, JJ.

DATE:

FEBRUARY 27, 2026 P. C.

1.

When the above matter had come up on 11th December 2025, the learned Advocate appearing on behalf of the Appellant stated that he was not getting any instructions from the Appellant and therefore he was in the process of filing for a discharge.

FEBRUARY 27, 2026 Mohite

17 app90-24.doc 2.

Considering these facts, we had directed the Registry to issue Notice to the Appellant, returnable on 16th January 2026. 3.

The Registry has accordingly issued Notice and it has been served on the Appellant by Speed Post on 20th December 2025. The service report is also before us. Despite this, no one has appeared on behalf of the Appellant today (other than his advocate who has already filed proceedings seeking a discharge in the matter).

4.

In these circumstances, we are constrained to note that the Appellant is not interested in prosecuting the above Appeal. It is accordingly dismissed for want of prosecution. In view thereof, nothing survives in the Interim Application No.1464 of 2024 and the same is also dismissed as infructuous.

5.

Personal Assistant of this Court. All concerned will act on production by fax [FIRDOSH P. POONIWALLA, J.] [B. P. COLABAWALLA, J.] FEBRUARY 27, 2026 Mohite