Bombay High Court
SMT. VANITABAI KUNDALIK RAUTversusSMT. DRUPADABAI DASHRATH ZAGADE AND ORS.
- Decided
- Disposal
- Disposed Off
- Bench
- GAURI GODSE
Holding
The second appeal and the civil application are dismissed in default due to the appellant's non-appearance.
Summary
The appellant filed a second appeal and a civil application but failed to appear for the hearing scheduled to consider condonation of delay. The court noted that the appellant did not appear on the last date and again failed to appear when the matter was listed for dismissal. Consequently, the court proceeded to dismiss both the second appeal and the civil application in default. No substantive merits of the appeal were examined. The order reflects the procedural consequence of non-appearance and failure to seek condonation. The dismissal was pronounced by Justice Gauri Godse of the Bombay High Court.
Issues considered
- What is the appropriate consequence when an appellant fails to appear for a hearing on condonation of delay?
Subjects
- default judgment
- civil appeal
- condonation of delay
- procedural default
Judgment
9-sast-15799-2010-cas-1126-2010.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
varsha
CIVIL APPELLATE JURISDICTION
SECOND APPEAL (ST) NO. 15799 OF 2010
WITH
CIVIL APPLICATION NO. 1126 OF 2010
Smt. Vanitabai Kundalik Raut … Appellant/Applicant
vs.
Smt. Drupadabai Dashrath Zagade … Respondents
Digitally
and Ors
signed by
VARSHA
VARSHA VIJAY
VIJAY RAJGURU
RAJGURU Date:
2026.01.29
13:05:19
+0530 None for the Appellant.
CORAM : GAURI GODSE, J.
DATED : 28th JANUARY 2026
ORDER:
1. The second appeal is still pending for condonation of delay in
filing the second appeal.
2. Since, none had appeared for the appellant on the last date, it
was directed to be listed for dismissal today.
3. Even today, none appears for the appellant.
4. The second appeal and the civil application are dismissed in
default.
(GAURI GODSE, J.)
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