Bombay High Court

VITHAL GYANOBA MANEversusSHANKAR APPARAO MANE DIED THROUGH LRS 1-A VITTHAL SHANKARRAO MANE AND OTHERS

Disposal: APPLICATION ALLOWED

Holding

The court set aside the order dismissing the appeal to respondent No.2, subject to the condition that the applicant furnishes the required copies by the stipulated date.

Summary

The applicant, Vithal Gyanoba Mane, filed a civil application seeking to set aside an order dated 31.08.2026 that dismissed the appeal to the extent of respondent No.2 for alleged failure to take necessary steps. The court examined whether the dismissal order could be vacated and what procedural conditions, if any, must be satisfied for such relief. It held that the order could be set aside provided the applicant furnishes the required copies of the relevant documents. Accordingly, the court allowed the application subject to the condition that the copies be supplied on or before 10.09.2026. Upon receipt of the copies, the court directed that a notice be reissued to the legal representatives of respondent No.2. The reissued notice is to be returnable on 14.10.2026.

Issues considered

Whether the order dismissing the appeal to respondent No.2 can be set aside
Whether the applicant must fulfill any procedural conditions, such as furnishing copies, before the order can be set aside

Subjects

Civil Procedure
Appeal
Order setting aside
Notice
High Court

Judgment

                                                               ca10179.26
                                  -1-


       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  BENCH AT AURANGABAD

             CIVIL APPLICATION NO. 10179 OF 2026
                      IN/WITH SA/94/1995

                        Vithal Gyanoba Mane
                               VERSUS
  Shankar Apparao Mane Died Through Lrs 1-a Vitthal Shankarrao
                          Mane And Others
                                   ...
Advocate for Applicant : Mr. Vijay V. Deshmukh
                                   …..

                    CORAM : SANJAY A. DESHMUKH, J.
                    DATED : 4th SEPTEMBER, 2026

PER COURT :-


         This civil application is filed for setting aside the order dated

31.08.2026 thereby dismissing the appeal to the extent of respondent

No.2 for not taking the necessary steps in the matter.           For the

reasons stated in the application, the same is allowed in terms of

prayer clause “B”     subject to furnishing the copies on or before

10.09.2026. If the copies are supplied, reissue notice to the legal

representatives of respondent No.2, returnable on 14.10.2026.



                                   (SANJAY A. DESHMUKH, J.)

rlj/

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