Bombay High Court

BHAUSAHEB VITTHAL MOHITEversusMANISHA W/O. DATTATRAYA JADHAV AND ORS

Disposal: Disposed Off
Bench: SANDESH D PATIL

Holding

The appeal was dismissed for default due to the appellant's failure to appear.

Summary

The appellant, Bhausaheb Vitthal Mohite, filed an appeal against an order dated 16 September 2025. The High Court directed that the appellant be served afresh because the matter was transferred to the Circuit Bench at Kolhapur. The appellant was duly served but failed to appear before the court. Consequently, the court dismissed the appeal for default. No substantive merits of the case were considered, and the dismissal was purely procedural.

Issues considered

What is the appropriate consequence when an appellant fails to appear after being served anew?

Subjects

default judgment
civil appeal
procedural default
high court

Judgment

                                                          106-AO-364-2025 (C).doc




          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CIRCUIT BENCH AT KOLHAPUR
                  CIVIL APPELLATE JURISDICTION

                 APPEAL FROM ORDER NO. 364 OF 2025

Bhausaheb Vitthal Mohite                       …...Appellant
     Vs.
Manisha W/o. Dattatraya Jadhav & Ors.          …...Respondents
                                       ...
None for the Appellant.
Mr. Prasad P. Kulkarni a/w Nakul v. Shukla & Amol S. Kanaki for
Respondent No. 2.
                                  ...

                                       CORAM   : SANDESH D. PATIL, J.
                                       DATED   : 22nd JUNE 2026.
P. C. :

1.        Vide order dated 16.09.2025 the Appellant was directed to be

served afresh as the matter was transferred to the Circuit Bench at

Kolhapur. The Appellant is served; however, none appears for the

Appellant.

2.         Hence, Appeal from Order is dismissed for default.


                                                (SANDESH D. PATIL, J.)




Harish                             1

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