Bombay High Court
SHRIDHAR APPARAO BABBARversusJAISINGH BHAUSAHEB SONAVANE
- Decided
- Disposal
- Dismissed
- Bench
- ABHAY AHUJA
Holding
The appeal is dismissed as the appellant failed to appear despite a prior warning.
Summary
The appellant failed to appear before the High Court of Bombay on the scheduled date of 30 April 2026. Earlier, on 12 March 2026, the Court had warned that if the appellant did not appear on the next date, the appeal would be dismissed. On the appointed date, no representative of the appellant was present. The respondent, through counsel Ms. Rajlaxmi, reminded the Court of its earlier warning. Consequently, the Court exercised its inherent power to dismiss the appeal for non‑appearance. The appeal was therefore dismissed.
Issues considered
- Whether the High Court can dismiss an appeal for non‑appearance of the appellant after a prior warning.
Subjects
- procedural law
- non‑appearance
- dismissal of appeal
- civil procedure
- inherent powers of court
Judgment
13-FA-1894-2003.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
Digitally signed
by KANCHAN
KANCHAN PRASHANT
FIRST APPEAL NO. 1894 OF 2003
DHURI
PRASHANT Date:
DHURI 2026.05.02
11:12:20
Shridhar Apparao Babbar … Appellant
+0530
Versus
Jaisingh Bhausaheb Sonavane and others … Respondents
………...
None for the Appellant.
Ms. Rajlaxmi, Advocate for the Respondents.
………...
CORAM : ABHAY AHUJA, J.
DATE : 30 APRIL 2026
P.C. :
1. None for the Appellant.
2. On 12th March 2026, the following order was passed :
“1. None for the Appellant.
2. List on 30th April 2026.
3. It is made clear that if none appears for the
Appellant on the next date, this Court will dismiss the
Appeal.”
3. Today also none appears for the Appellant.
4. Ms. Rajlaxmi, learned Counsel appearing for the Respondent
submits that this Court had on the last occasion made it clear that if
none appears for the Appellant on the next date, this Court will dismiss
the Appeal.
5. Accordingly, since none appears for the Appellant, the First
Appeal stands dismissed.
(ABHAY AHUJA, J.)
Kanchan Dhuri 1/1
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