Bombay High Court

THE EXECUTIVE ENGINEER, IRRIGATION DIVISION, OSMANABADversusVIMAL RAMBHAU AMBURE AND OTHERS

Disposal: DISMISSED
Bench: RAJNISH R VYAS

Holding

The appeal was dismissed in default due to the appellant's non‑appearance.

Summary

The Executive Engineer, Irrigation Division, Osmanabad filed an appeal but failed to appear before the court on the scheduled date of 16 January 2026 and again on 23 January 2026. No counsel appeared on behalf of the appellant. The respondents, represented by counsel, were present. The court noted the appellant's non‑appearance and, pursuant to procedural rules, dismissed the matter in default. Consequently, the appeal was dismissed without any substantive hearing on the merits.

Issues considered

Whether the appeal should be dismissed for the appellant's failure to appear before the court

Subjects

default judgment
non‑appearance
appeal dismissal
procedural law

Judgment

2026:BHC-AUG:3110
                                                                                  916.FA.3472.2018



                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       BENCH AT AURANGABAD

                                   FIRST APPEAL NO. 3472 OF 2018

          The Executive Engineer,
          Irrigation Division, Osmanabad                           ...Appellant

                   Versus

          Vimal Rambhau Ambure And Others               ...Respondents
                                            ***
          None for the Appellant.
          Mr. N. J. Pahune Patil, Advocate for Respondent Nos.1 to 3.
          Mr. V. S. Badakh, AGP for Respondent – State.
                                            ***
                                          CORAM : RAJNISH R. VYAS, J.
                                          DATE : JANUARY 23, 2026
          PER COURT :

          1.                 None appears for the appellant today. None appeared for

          the appellant on 16th January 2026, therefore, today, the matter was

          listed for dismissal.         The learned counsel for the respondents are

          present.


          2.                 The matter is dismissed in default.




                                                             ( RAJNISH R. VYAS, J. )




          Shrikant Malani                                                             Page 1 of 1

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