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Bombay High Court

SULEMAN MOHAMMAD LAKDAWALA(DECEASED)THR.LRS.1.1 TO 1.3versusTHE STATE OF MAHARASHTRA THROUGH SPECIAL LAND ACQUISITION OFFICER (4) AND ORS.

Decided
Disposal
Disposed Off

Holding

The appeal was dismissed and the civil application disposed of due to the appellants' failure to file a vakalatnama as ordered.

Summary

The appellants, represented by Mangesh Kokare on behalf of Zaid Ansari & Associates, were ordered to file a vakalatnama to confirm their instructions to appear before the court. The court had previously directed that no further time would be granted beyond 7 September 2026. On the stated date, the appellants had not filed the required vakalatnama. Consequently, the judge dismissed the First Appeal for non‑compliance with the procedural order and also disposed of the accompanying civil application.

Issues considered

  • Can the court dismiss a civil appeal for failure to file a vakalatnama within the stipulated deadline?

Subjects

  • procedural default
  • vakalatnama
  • civil appeal
  • dismissal
  • court order compliance

Judgment

          Digitally
          signed by
                                                                         1/1              36-FA(ST)-15260-2017 (C).DOC
          VAIBHAV
VAIBHAV   NAMDEV
NAMDEV    BARE
BARE      Date:
          2026.09.08
          17:38:24
          +0530




                                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                       CIVIL APPELLATE JURISDICTION
                                                   FIRST APPEAL (ST) NO. 15260 OF 2017
                       Suleman Mohammad Lakdawala (deceased) Thr. Lrs.                                     ...Appellants
                                  Versus
                       The State of Maharashtra & Ors.                                                     ...Respondents
                                                                       WITH
                                                    CIVIL APPLICATION NO. 485 OF 2018
                                                                         IN
                                                   FIRST APPEAL (ST) NO. 15260 OF 2017
                                                                      _______
                       Mr. Mangesh Kokare i/b Zaid Ansari & Associates, for Appellant Nos.1(a) and
                       1(b).
                                                                      _______
                                                                               CORAM : ARIF S. DOCTOR, J.
                                                                               DATE      : 7th SEPTEMBER, 2026
                       P.C.
                       1.        On the previous occasion, the Court had passed the following order:

                                           "Mr. Ansari undertakes to file Vakalatnama submitting that he has
                                 received instructions to appear on behalf of the Appellants, only yesterday.
                                 2.        Stand over to 7th September 2026. No further time will be granted. "

                       2.        Today, admittedly, no Vakalatnama has been filed on behalf of the

                       Appellants. Therefore, I have no option but to, in light of what is recorded in the

                       previous occasion, dismiss the captioned First Appeal. The First Appeal is

                       therefore dismissed.

                       3.        In view of the above, the Civil Application would not survive and the same

                       is accordingly disposed of.



                                                                                                  [ARIF S. DOCTOR, J.]



                       Vaibhav


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