Bombay High Court

SHRI. ISMAIL ISAQ SHAIKH SINCE DECEASED THR. LRS. SMT. SHAHENAZ ISMAIL SHAIKH AND ORS.versusJAMAL SHAH TAKIYA TRUST AND ORS.

Decided: 6 February 2026
Disposal: Allowed
Bench: JITENDRA SHANTILAL JAIN

Holding

An appeal dismissed for non‑filing of a vakalatnama may be restored if the applicant satisfactorily explains the omission.

Summary

The applicants filed an interim application seeking restoration of First Appeal No. 315 of 2020, which had been dismissed on 27 February 2023 for failure to file a vakalatnama. The court examined the reasons provided in the application. Satisfied that the omission was satisfactorily explained, the court ordered that the first appeal be restored. Consequently, the interim application was allowed. No further substantive orders were made.

Issues considered

Whether a first appeal dismissed for non‑filing of a vakalatnama can be restored on an interim application

Subjects

interim relief
restoration of appeal
vakalatnama
civil procedure

Judgment

                                                                                906-IA-13087-2023.doc




                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CIVIL APPELLATE JURISDICTION

                                      INTERIM APPLICATION NO.13087 OF 2023
                                                       IN
                                           FIRST APPEAL NO.315 OF 2020

                      Shri. Ismail Isaq Shaikh Since
                      Deceased Thr. Lrs. Smt.
                      Shahenaz Ismail Shaikh And Ors.                  … Applicants
                                    V/s.
SHARADA
RANGNATH
                      Jamal Shah Takiya Trust And
WAHULE
Digitally signed by
                      Ors.                                             … Respondents
SHARADA
RANGNATH WAHULE
Date: 2026.02.07
10:50:27 +0530


                                        ____________________________________

                      Mr. Balasaheb G. Ligade, Advocate for the Applicants.
                                     ____________________________________

                                                     CORAM       : JITENDRA JAIN, J.


                                                     DATED       : 6th FEBRUARY 2026
                      P.C.:

                      1.      This application is made for restoration of first appeal no.315 of
                      2020, which was dismissed for non filing of Vakalatnama on 27 th
                      February, 2023.

                      2.      I have perused the application and, being satisfied with the
                      reasons stated therein, first appeal no.315 of 2020 is restored.

                      3.      This interim application is allowed in the above terms.



                                                               (JITENDRA JAIN, J.)




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