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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