Bombay High Court

VISHNUDAS KESHAVRAO CHATEversusKAMALBAI VISHNUDAS CHATE AND AOTHER

Disposal: DISPOSED OFF
Bench: VIBHA KANKANWADI HITEN S VENEGAVKAR

Holding

The appeal was dismissed because the appellant's counsel failed to appear despite a prior warning, indicating loss of interest.

Summary

The appellant, Vishnudas Keshavrao Chate, filed an appeal in the Family Court at Aurangabad. The appellant's counsel was absent at the hearing despite a prior order warning that a further absence would lead to dismissal. No reason was provided for the continued non‑appearance, and the court inferred that the appellant had lost interest in the proceedings. The court reiterated its earlier warning and, observing the counsel's absence, decided to dismiss the appeal. It also ordered that any pending civil application, if existent, be disposed of. The judgment was delivered by Judges Smt. Vibha Kankanwadi and Hiten S. Venegavkar.

Issues considered

Whether an appeal may be dismissed for the appellant's counsel's failure to appear after a prior warning?

Subjects

appeal
counsel absence
procedural default
family court
dismissal

Judgment

2026:BHC-AUG:12153-DB




                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                            FAMILY COURT APPEAL NO. 17 OF 2023
                           WITH CIVIL APPLICATION NO. 3145 OF 2023
                                    Vishnudas Keshavrao Chate
                                             VERSUS
                               Kamalbai Vishnudas Chate And Another


                                               CORAM : Smt. Vibha Kankanwadi &
                                                       Hiten S. Venegavkar, JJ.
                                               DATE      : 18th March, 2026

           PER COURT :-

           1.             Learned Advocate for the appellant is absent. In view of our

           order dated 17.02.2026, we make it clear that when even the office

           objections are also not removed, we would be granting only one chance

           and if the learned Advocate for the appellant is remains absent on the

           next date then the matter would be dismissed. The learned Advocate for

           the appellant is absent without assigning any reason. It appears that the

           appellant has also lost the interest in the matter.



           2.             Under such circumstance, the appeal stands dismissed.



           3.             Pending civil application, if any, stands disposed of.




           (Hiten S. Venegavkar, J.)                   (Smt. Vibha Kankanwadi, J.)

           B. S. Joshi




           911-FCA-17-2023.odt                                                     1 of 1

Continue reading with your account

Checking your session…