Bombay High Court

SHANKAR APPARAO MANE (L.RS.)VITHAL AND OTHERS.versusVITHAL GYANOBA MANE AND ANOTHER

Disposal: APPLICATION ALLOWED

Holding

The appeal was dismissed against respondent No.2 for not taking necessary steps, and the civil application for fixing a final hearing was allowed.

Summary

The appellant Vithal Gyanoba Mane filed a second appeal (No. 94 of 1995) and a civil application (No. 4858 of 2019) seeking a final hearing. The court noted that the required copies of documents had not been supplied for several years, leading to procedural non‑compliance. Consequently, the appeal was dismissed against respondent No.2 for failing to take the necessary steps. The appellant's counsel was absent at the hearing. The civil application filed to fix a date for the final hearing was allowed. The court listed the appeal for a final hearing on 4 September 2026.

Issues considered

Whether the appeal should be dismissed due to the failure to supply required copies and procedural inaction by respondent No.2

Subjects

civil procedure
appeal
final hearing
procedural default

Judgment

                                                               sa94.95
                                 -1-


        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   BENCH AT AURANGABAD

               17 SECOND APPEAL NO. 94 OF 1995
                             WITH
              CIVIL APPLICATION NO. 4858 OF 2019

                     Vithal Gyanoba Mane.
                            VERSUS
          Shankar Apparao Mane (l.rs.) Vithal And Others.
                               …..

                      CORAM : SANJAY A. DESHMUKH, J.
                      DATED : 31st AUGUST, 2026

PER COURT :-


1.       The copies are not supplied for years together. The appeal

is dismissed against respondent No.2 for not taking necessary steps

in the matter. Learned advocate for the appellant is absent. The civil

application No. 4858 of 2019 filed for fixing the appeal for final

hearing is allowed.



2.       List the appeal for final hearing on 04.09.2026.



                                  (SANJAY A. DESHMUKH, J.)

rlj/

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