Bombay High Court

ISHWAR GOPALA GHODKE and ORS.versusSHRI. SAMHAJI GANGARAM JAGDALE (DECEASED THR. HIS LEGAL HEIRS) SHRI. ANIL SAMBHAJI JAGDALE and ORS.

Decided: 10 July 2026
Disposal: Disposed Off
Bench: GAURI GODSE

Holding

A second appeal that is not prosecuted within the time granted by the court is liable to be dismissed, rendering any pending civil application infructuous.

Summary

The appellants, Ishwar Gopala Ghodke & Anr., filed a second appeal (No. 106 of 2020) against the respondents. The court initially granted them time on 25th February 2026 after being informed that the appellants had expired, and again on 17th June 2026 as a last chance. Despite these extensions, no steps were taken by the appellants and no counsel appeared when the matter was called out. The court held that the appeal had been abandoned due to non‑prosecution. Consequently, the second appeal was dismissed and the pending civil application (No. 97 of 2020) was declared infructuous.

Issues considered

Whether a second appeal may be dismissed for non‑prosecution despite extensions of time
Whether a pending civil application becomes infructuous upon dismissal of the appeal

Subjects

second appeal
non‑prosecution
dismissal
civil application
infructuous
procedural law

Judgment

                                                       31.SA.106.2020.doc



       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CIVIL APPELLATE JURISDICTION
                SECOND APPEAL NO.106 OF 2020
                                WITH
                CIVIL APPLICATION NO.97 OF 2020
                                    IN
                SECOND APPEAL NO.106 OF 2020
Ishwar Gopala Ghodke & Anr.                       ...Appellants/Applicants
       Versus
Samhaji Gangaram Jagdale (Deceased)
(Through his legal heirs) & Ors.                  ...Respondents


None for the Appellants/Applicants
Mr. Sachin Gawade i/b Mr. Avinash Avhad for the Respondents.


                               CORAM : GAURI GODSE, J.
                                   DATED : 10th JULY 2026
ORDER:

1.     By order dated 25th February, 2026 time was granted to take

steps as the Court was informed that the Appellants have expired.

On 17th June 2026 by way of last chance time was granted to the

learned counsel for the appellants. Office remark shows that till date

no steps have been taken.

2.     None appeared for the appellants when the matter is called

out.
AKN                                  Page no. 1 of 2
                                                     31.SA.106.2020.doc



3.    Second appeal is dismissed for non-prosecution. Pending civil

application is disposed of as infructuous.



                                                     (GAURI GODSE, J.)




AKN                                Page no. 2 of 2

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