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Bombay High Court

VANDANA W/O. GAUTAM WAGHMARE AND ORS.versusRANDHIRSINGH S/O. JASVANTSINGH PARMAR AND ORS.

Decided
Disposal
Disposed Off

Holding

The appeal is dismissed for non‑prosecution.

Summary

The appellants, Vandana W/o Gautam Waghmare & Ors., filed an appeal but failed to appear before the Court on the scheduled dates. The Court had previously warned the appellants to present themselves and proceed with the matter. On the hearing date of 7 February 2024, no representative for the appellants was present. The Court noted that the appellants had been given a last opportunity to prosecute the appeal and still failed to do so. Consequently, the Court dismissed the appeal for non‑prosecution.

Issues considered

  • Whether the appeal should be dismissed for non‑prosecution due to the appellants' failure to appear before the Court?

Subjects

  • civil procedure
  • non‑prosecution
  • default judgment
  • appeal dismissal

Judgment

                                                                                          10-FA-675-2022.doc




                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                             CIVIL APPELLATE JURISDICTION

                                                   FIRST APPEAL NO.675 OF 2022

                                  Vandana W/o Gautam Waghmare & Ors.               ….Appellants
                                          V/s.
                              Randhirsingh S/o. Jasvantsingh Parmar & ….Respondents
        Digitally signed by
                              Ors.
NILAM   NILAM SANTOSH
SANTOSH KAMBLE
        Date: 2024.02.08
                                                           ----
KAMBLE 14:37:54 +0530
                              None for the Appellants.
                              Mr.Keshav Borhade, for the Respondents.
                                                           ----
                                                    CORAM : SHIVKUMAR DIGE, J.

                                                            DATE       : 7th FEBRUARY 2024

                              P.C:-

                              .                  None present for the Appellants. On the last date last

                              chance was given to the Appellant’s to go on with the matter.

                              2.                 Today also none present for the Appellants.

                              3.                 Dismissed for non-prosecution.



                                                                        (SHIVKUMAR DIGE, J.)




                                  N.S. Kamble                                                      page 1 of 1


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