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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