Bombay High Court

SMT. MADHURI SANDIP PATIL AND ORS.versusSHRI. PAGARE VIJAY CHHABU AND ORS.

Decided: 17 March 2026
Disposal: Dismissed
Bench: JITENDRA SHANTILAL JAIN

Holding

The application for condonation of delay was dismissed for default, leading to the rejection of the first appeal.

Summary

The applicant filed a civil application seeking condonation of delay in preferring an appeal. No counsel appeared on the scheduled date of 14.08.2019, and the matter was adjourned. The applicant again failed to appear on the subsequent date. Consequently, the court dismissed the application for default and, as a result, the first appeal was also rejected. No substantive merits of the condonation request were considered.

Issues considered

Whether the court may condone the delay in filing the appeal despite the applicant's non‑appearance
Whether the dismissal of the condonation application results in the rejection of the pending appeal

Subjects

condonation of delay
default
appeal dismissal
civil procedure

Judgment

                                                  8.3796.14-caf.odt


     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
              CIVIL APPELLATE JURISDICTION
              Civil Application No.3796/2014
                            with
             First Appeal (ST) No.32494/2013
Office Notes, Office               Court's or Judge's orders.
Memoranda of Coram,
appearances, Court's
orders or directions
and Registrar's orders
                         Ms. Bhagyashri Vishal a/w. Adv. Ajinkya
                         Salunkhe I/b. r. V. Sankpal & Associates
                         for Respondent No.1.

                              CORAM: K.K.TATED, J.
                              DATED : SEPTEMBER 19, 2019

                         P.C.
                         1 None     for     the   Applicant.            This
                         Application is for condonation of delay in
                         preferring the appeal.

                         2   As none appeared for the Applicant
                         on 14.08.2019, the matter was posted
                         today for dismissal.       Today also none
                         appeared for the Applicant.

                         3   Hence, following order is passed:

                         a. The     Civil     Application             stands
                         dismissed for default.

                         b. In view of dismissal of the Civil
                         Application for condonation of delay,
                         nothing survives in the First Appeal.
                         Hence, registration of the First Appeal
                         stands rejected.

                                                  (K.K.TATED, J.)


Basavraj G. Patil                                                        1/1

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