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Bombay High Court

BABASO SADASHIV EKSHINGEversusSOU. VAISHALI BABSO EKSHINGE

Disposal
Dismissed

Holding

The appeal is dismissed for default.

Summary

The appellant, Babaso Sadashiv Ekshinge, filed an appeal in the Family Court concerning a matrimonial dispute. A mediation report dated 19 December 2025 indicated a successful mediation and the matter was slated for filing consent terms. However, the appellant’s counsel reported that the appellant was unresponsive and had lost interest in pursuing the appeal. The court observed that both parties were unwilling to continue prosecution of the appeal. Consequently, the court dismissed the appeal for default due to the appellant’s lack of participation.

Issues considered

  • Whether the appeal should be dismissed for default due to the appellant's failure to prosecute the proceedings.

Subjects

  • Family Law
  • Appeal
  • Default Dismissal
  • Mediation
  • Consent Terms

Judgment

                                                                                            3-FCA-24-2025 (C).doc




                                       IN THE JUDICATURE OF HIGH COURT AT BOMBAY
                                                CIRCUIT BENCH AT KOLHAPUR
                                               CIVIL APPELLATE JURISDICTION
                                            FAMILY COURT APPEAL NO. 24 OF 2025

                      Babaso Sadashiv Ekshinge                               ]     Appellant
                            versus
                      Sou. Vaishali Babso Ekshinge                           ]     Respondent
                                                       .....
                      Mr. Kedar Pralhad Lad, Advocate for Appellant.
         Digitally                                     .....
         signed by
         SHAILAJA
SHAILAJA SHRIKANT
SHRIKANT HALKUDE
HALKUDE Date:
         2026.08.18
                                                             CORAM : RAJESH S. PATIL AND
         17:42:18
         +0530                                                       ABHAY J. MANTRI, JJ.
                                                             DATE : 18 AUGUST 2026.
                      P. C. :

                      1.         On 11 August, 2026, following order was passed;
                                  “1. The mediation report dated 19 December 2025 has been
                                  received, which shows that the mediation is successful. This
                                  matter was kept for filing Consent Terms today before this
                                  Court.
                                  2.    Mr. Kedar Lad, appearing for the appellant – husband
                                  submits that his client is not in touch with him and is not
                                  responding to his calls.
                                  3.    It appears that both the parties are now not interested to
                                  prosecute the Family Court Appeal any further.
                                  4.    Stand over to 18 August 2026.
                                  5.    Matter to come up under caption for “ Dismissal”.


                      3.         Mr. Lad, learned Counsel appearing for the Appellant, submits

                      that he has no instructions from his client.


                      Shailaja                                 1
                                                               3-FCA-24-2025 (C).doc




4.         It appears that the Appellant has lost interest in prosecuting the

present Appeal. Hence, the Appeal is dismissed for default.




[ABHAY J. MANTRI, J.]                                 [RAJESH S. PATIL, J.]




Shailaja                              2


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