Bombay High Court

REHAN ZAHEER AHMED SHAIKHversusMOHD. ZAFARPHASHA AKTHAR MIYAN AND ANR

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The court allowed the civil application and ordered the registration of the appeal.

Summary

Rehan Zaheer Ahmed Shaikh filed a civil application against Mohd. Zafarphasha Akthar Miyan and another. The respondents were duly served but failed to appear before the court. The court examined the application despite the non‑appearance of the respondents. Relying on the prayer clause “A” of the application, the judge allowed the application. The court further directed that the appeal be registered with the appropriate office.

Issues considered

Whether a civil application may be allowed when the respondents have been served but do not appear before the court

Subjects

civil procedure
service of notice
non‑appearance
appeal registration

Judgment

2026:BHC-AUG:38337
                                                  1                     30-CA-7652-25.odt




                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD


                               CIVIL APPLICATION NO. 7652 OF 2025
                                        IN FAST/18758/2025

                               REHAN ZAHEER AHMED SHAIKH
                                           VERSUS
                       MOHD. ZAFARPHASHA AKTHAR MIYAN AND ANOTHER
                                               ...
                           Advocate for Applicant : Mr. Fayaz K. Patel
                               Respondents No.1 and 2 served
                                               ...


                                           CORAM :        SACHIN S. DESHMUKH, J.
                                           DATE       :   21-08-2026
                PER COURT:-

                1.    Although served, none appeared for the respondents.

                2.    For the reasons stated in the application, the civil application

                is allowed in terms of prayer clause “A”.      Office to register the

                appeal.




                                                  [SACHIN S. DESHMUKH]
                                                          JUDGE

                rrd

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