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Bombay High Court

KAUSHLYABAI VINAYAK SONAWANE HOLDER YOGESH DNYANESWAR SONAWANEversusMANIK BABURAO VADNERE DECEASED

Decided
Disposal
Disposed Off

Holding

The appeal dismissed for non‑prosecution is restored, and the interim application is allowed.

Summary

The applicant filed an interim application seeking restoration of a second appeal that had been dismissed for non‑prosecution on 2 July 2025. The application was filed about a year after the dismissal, prompting the respondent to oppose it. The court examined whether the appellant could be given an opportunity to prosecute the appeal despite the delay. Relying on its inherent powers to manage procedural defaults, the court held that the appellant should be allowed to proceed on merits. Consequently, the interim application was allowed, the appeal was restored, and the matter was listed for a final hearing on 5 October 2026.

Issues considered

  • Whether a second appeal dismissed for non‑prosecution can be restored after a delay of one year.
  • Whether the court has discretion to grant restoration of an appeal despite procedural default.

Subjects

  • restoration of appeal
  • non‑prosecution
  • interim application
  • civil appellate jurisdiction
  • procedural default

Judgment

                    Sonali Mane                                                    14-IA-5646-2026.docx



                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                           CIVIL APPELLATE JURISDICTION

                                       INTERIM APPLICATION NO. 5646 OF 2026

                                                            IN

                                           SECOND APPEAL NO. 692 OF 2001


                    Kaushlyabai Vinayak Sonawane
                    Power Of Attorney Holder
                    Yogesh Dnyaneswar Sonawane                              … Applicant
                             Versus

                    Manik Baburao Vadnere (Decd.)

                    Thr. Lrs. Ulhas Manik Wadnere and Ors.                  … Respondents



                    Mr. Ajinkya Vilas Taskar i/b Mr. Narayan Rokade for Applicant.
                    Mr. Bipin Avadnesh Singh i/b Mr. P. N. Joshi for Respondents.



                                                        CORAM        : SANDEEP V. MARNE, J.

                                                        DATE         : 29 SEPTEMBER 2026.

                    P.C. :


                    1)            The application is filed for restoration of the Appeal, which is
                    dismissed for non-prosecution by an Order dated 2 July 2025. There is a
                    delay of one year in filing the Interim Application. The learned counsel
                    appearing for Respondents opposes the Application. In my view,
                    therefore, an opportunity needs to be granted to the Appellant to
                    prosecute the Appeal on merits. In view of the averments made in the
                    application, I deem it appropriate to restore the Appeal.
       Digitally
       signed by
       MANE
MANE SONALI
SONALI DILIP
DILIP  Date:
       2026.09.30
       17:23:43
       +0530

                                                     ___Page No.1 of 2___
                                                      29 September 2026
Sonali Mane                                                     14-IA-5646-2026.docx



2)            Interim Application is accordingly allowed and disposed of.



3)            List the Second Appeal under caption 'for final hearing' on
5 October 2026, high on board.




                                                       [SANDEEP V. MARNE, J.]




                                ___Page No.2 of 2___
                                 29 September 2026


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