Bombay High Court

LATUR MINOR IRRIGATION DIVISION, G.M.I.D. LTD THR EX. ENGINEER AND ANRversusSHRIRAM NARAYAN KAWALE

Disposal: DISMISSED
Bench: RAJNISH R VYAS

Holding

The appeal is dismissed in default due to the appellant's failure to appear.

Summary

The appellant, Latur Minor Irrigation Division, G.M.I.D. Ltd. Thr. Engineer and Anr., filed a first appeal (No. 839 of 2019) before the High Court of Bombay, Aurangabad Bench. The appellant failed to appear for the hearing scheduled on 23.12.2025. A further hearing was fixed for 10.02.2026, but the appellant again did not appear. The matter was subsequently listed for dismissal due to non‑appearance. The Court, observing the procedural rule that an appeal cannot proceed without the appellant’s presence, dismissed the appeal in default.

Issues considered

What is the appropriate consequence when an appellant fails to appear for scheduled hearings in a first appeal?

Subjects

civil procedure
default judgment
appeal
non‑appearance

Judgment

2026:BHC-AUG:6230


                                                  1                           910.odt


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                                 FIRST APPEAL NO. 839 OF 2019
                   LATUR MINOR IRRIGATION DIVISION, G.M.I.D. LTD THR EX.
                                   ENGINEER AND ANR
                                        VERSUS
                              SHRIRAM NARAYAN KAWALE
                                           ...

                                                   CORAM : RAJNISH R. VYAS, J.
                                                   DATE : 12TH FEBRUARY, 2026

              PER COURT :

              1.           None appeared for the appellant on 23.12.2025. On

              10.02.2026, also none appeared for the appellant and, therefore, the

              matter is listed today under the caption ‘for dismissal’. Today also, no

              appearance is put on behalf of the appellant.

              2.           Hence, First Appeal stands dismissed in default.




                                                              ( RAJNISH R. VYAS, J. )



              SPC

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