Bombay High Court
SHIVAJI S/O HARIBHAU GHODEversusSMT BHIMABAI W/O POPAT@BHAU BIBAVE AND ANR
- Decided
- Disposal
- Allowed
- Bench
- R M JOSHI
Holding
The interim application is allowed and the first appeal is restored to its original position.
Summary
The applicant, Shivaji Haribhau Ghode, filed an interim application after his appeal (First Appeal No. 2478 of 2025) was dismissed on 24 February 2026 for want of prosecution. He argued that the counsel for the appellant was not admitted online, leading to the dismissal, and that service of notice on the respondents had not been completed at the time of dismissal. Consequently, he sought a dispensation of notice for the interim application and restoration of the appeal. The court examined the record and found that the appeal was indeed dismissed while service of notice was pending. Relying on this, the court allowed the interim application and restored the appeal to its original position. The order was pronounced on 9 March 2026.
Issues considered
- Whether notice of the interim application can be dispensed when service on the respondents was incomplete at the time of dismissal for want of prosecution
- Whether the dismissed appeal can be restored to its original position
Subjects
- interim application
- service of notice
- want of prosecution
- restoration of appeal
- civil procedure
Judgment
502-IA-1965-2026.DOC
Shivgan
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 1965 OF 2026
IN
FIRST APPEAL NO. 2478 OF 2025
Shivaji Haribhau Ghode …Applicant/
Appellant
Versus
Smt. Bhimabai Popatbhau Bibave & Anr. …Respondents
Mr. K. N. Shermale, with D.B.Sodak, for the Applicant/Appellant.
CORAM: R. M. JOSHI, J.
DATED: 9th MARCH, 2026.
PC:-
1. Learned counsel for the Applicant/Original Appellant
submits that the counsel for the Appellant was online however, was
not admitted, which has resulted into dismissal of the Appeal on
24th February 2026. It is his submission that since service upon the
Respondents was not complete at the time of dismissal of the
Appeal, notice of the present Application to them be dispensed
with.
2. Perusal of the record indicates that at the stage of await
service of notice upon the Respondents, the Appeal came to be
dismissed for want of prosecution. Hence, notice to the
Respondents of this Application stands dispensed with.
Page 1 of 2
th
9 March, 2026.
502-IA-1965-2026.DOC
3. For the reasons mentioned in the Application, the
Application stands allowed.
4. First Appeal bearing No.2478 of 2025 stands restored to its
original position.
(R. M. JOSHI, J.)
{
Digitally
signed by
SHAMBHAVI
SHAMBHAVI NILESH
NILESH SHIVGAN
SHIVGAN Date:
2026.03.11
12:39:50
+0530
Page 2 of 2
th
9 March, 2026.
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