Bombay High Court

SHARAD RAMNATH DHAMNEversusSHARAD VASANT BELGE AND ORS

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The application is allowed, the delay is condoned, and the first appeal is ordered to be registered.

Summary

The applicant, Sharad s/o Ramnath Dhamne, filed an application seeking the registration of a first appeal. The respondents, Sharad s/o Vasant Belge and others, were duly served but failed to appear before the court. The applicant prayed for condonation of delay and for the appeal to be registered. The court, after noting the respondents' non‑appearance, allowed the application in accordance with prayer clause (ii), condoned the delay, and directed the registry to register the first appeal. No substantive merits of the underlying dispute were addressed.

Issues considered

The court should condone the delay in filing the application for registration of the appeal despite the respondents' non‑appearance.

Subjects

civil procedure
condonation of delay
service of notice
registration of appeal
non‑appearance of parties

Judgment

2026:BHC-AUG:42320



                      IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                  BENCH AT AURANGABAD


                          CIVIL APPLICATION NO.5006 OF 2018 IN
                            FIRST APPEAL (ST.)NO. 5706 OF 2018


            Sharad s/o Ramnath Dhamne                         … APPLICANT

                     VERSUS

            Sharad s/o Vasant Belge & ors.                    … RESPONDENTS

                                              .......
            Ms Anikta J. Mantri, Advocate holding for
            Mr. S.S. Dargad, Advocate for applicant
            Mr. Mohit R. Deshmukh, Advocate for respondent No.3
                                             ....…

                                         CORAM : SACHIN S. DESHMUKH, J.
                                         DATE   : 15th SEPTEMBER, 2026

            PER COURT :


                         Although respondents are served, none present for the
            respondents. For the reasons stated in the application, the application is
            allowed in terms of prayer clause (ii). Delay condoned. Registry to
            register the First Appeal.




                                                  (SACHIN S. DESHMUKH, J.)

            fmp/-

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