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Bombay High Court

SHRI. POPAT MOTIRAM BHALERAOversusTHE STATE OF MAHARASHTRA THROUGH THE SPECIAL LAND ACQUISITION OFFICER AND

Decided
Disposal
Dismissed

Holding

The appeal is dismissed for non‑appearance and failure to proceed.

Summary

The appellant, the legal heirs of the deceased Smt. Fulyabai Trimbak Jadhav, filed a first appeal against the State of Maharashtra concerning a land acquisition matter. The High Court scheduled hearings and warned that the appeal would be dismissed if the appellant failed to appear or proceed. Despite previous warnings, counsel for the appellant repeatedly sought further time and did not appear ready to proceed. The court reiterated its warning and, upon another request for time, decided to dismiss the appeal for non‑appearance. Consequently, the first appeal was dismissed.

Issues considered

  • Whether the First Appeal should be dismissed for the appellant's failure to appear or proceed on the scheduled dates

Subjects

  • civil procedure
  • appeal
  • dismissal for non-appearance
  • land acquisition
  • high court

Judgment

                                                                                    15-FA-1606-2013.doc


                                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
           Digitally signed
           by KANCHAN
KANCHAN PRASHANT
                                                  CIVIL APPELLATE JURISDICTION
PRASHANT DHURI
DHURI    Date:
         2026.04.09                               FIRST APPEAL NO. 1606 OF 2013
           13:27:40 +0530


                              Smt. Fulyabai Trimbak Jadhav,
                              since deceased through her legal heirs                 … Appellant
                                       Versus
                              The State of Maharashtra (through The
                              Special Land Acquisition Officer) and another          … Respondents

                                                               WITH
                                                  FIRST APPEAL NO. 1607 OF 2013
                                                               WITH
                                                  FIRST APPEAL NO. 1608 OF 2013
                                                               WITH
                                                  FIRST APPEAL NO. 1609 OF 2013
                                                              ………...
                              Ms. Bhavna Khemani (through VC), Advocate for the Appellant.
                              Mr. A.R. Patil, Additional Government Pleader for the State.
                                                              ………...

                                                             CORAM          :   ABHAY AHUJA, J.
                                                             DATE           :   8 APRIL 2026

                              P.C. :


                              1.          Ms. Khemani, learned Counsel, appears for the Appellant

                              through video-conferencing and seeks some more time today.

                              2.          This Court has drawn Ms. Khemani’s attention to the order

                              dated 3rd February 2026, which reads thus :




                              Kanchan Dhuri                                                          1/2
                                                          15-FA-1606-2013.doc


                “1. Ms. Khemani, learned counsel, appears for the
                Appellants and submits that some time be granted to
                trace the papers.
                2.     It is observed that on 17th November 2025
                none had appeared for the Appellants and the
                learned AGP appearing then for the State submitted
                that the matters are ripe for final hearing.
                3.     It was made clear that if none appears for the
                Appellants on the next date, this Court will consider
                dismissing the First Appeals.
                4.     Today time is being sought on behalf of the
                Appellants.
                5.     List on 25th March 2026.
                6.     It is made clear that if none appears for the
                Appellants or none is ready to go on, on behalf of
                the Appellants on the next date, this Court will
                consider dismissing the First Appeals.”

3.         Despite that Ms. Khemani insists on seeking time.

4.         It had been made clear on the last occasion that if none

appears for the Appellants or none is ready to go on, on behalf of the

Appellants on the next date, this Court would consider dismissing the

First Appeal.

5.         Accordingly, the First Appeal stands dismissed, since Ms.

Khemani is once again seeking time and not ready to go on.



                                                     (ABHAY AHUJA, J.)




Kanchan Dhuri                                                              2/2


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