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Bombay High Court

RANJANA DATTATRAY SHETE AND ORSversusSANTOSH SITARAM POTE AND ORS

Decided
Disposal
Allowed

Holding

The appeal is restored, allowing the Applicants to file the private paper‑book and proceed with the appeal.

Summary

The Applicants filed an interim application seeking restoration of their appeal, which had been dismissed on 30 July 2015 for failure to file the private paper‑book within one year. The application was made after a delay of nine years and ten months, and the Respondent opposed it, noting the lapse and the death of Respondent No.3. The Court observed the Applicants' lack of diligence but emphasized the need to give them an opportunity to present their case. Relying on the limited prayer clauses in the application, the Court allowed the restoration of the appeal and ordered the private paper‑book to be taken on record and served. The Court also directed the Applicants to take steps to bring the legal representatives of the deceased Respondent No.3 and waived notice for Respondent No.4, scheduling the next hearing for 21 October 2026.

Issues considered

  • Whether an appeal dismissed for non‑filing of the private paper‑book can be restored after a delay of nine years and ten months
  • Whether the Court may exercise its inherent powers to restore the appeal despite the Applicants' lack of diligence

Subjects

  • restoration of appeal
  • private paper‑book
  • procedural default
  • civil appellate jurisdiction
  • inherent powers of court
  • delay in filing

Judgment

                      LSP                                     1                35 ia 6954.26.doc


                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CIVIL APPELLATE JURISDICTION

                                         Interim Application No.6954 of 2026
                                                           In
                                             First Appeal No. 924 of 2015

                      Smt. Ranjana Dattatray Shete and ors.             …    Applicants
                            V/s.
                      Shri Santosh Sitaram Pote and ors.                …    Respondents.


                      Mr. Uday B. Nighot                     Advocate for the Applicants.
                      Mr. Abhijeet Joshi                     Advocate for the Respondent
                                                             No.4

                                                    CORAM : S.M. MODAK, J

                                                        DATE : 23rd September 2026.

                      P.C. :

                      1.       Heard     Mr.     Nighot,      learned       Advocate          for   the
                      Applicants/Claimants and learned Advocate Joshi for Respondent
         Digitally
         signed by
         LATA
LATA
SUNIL
         SUNIL
         PANJWANI
PANJWANI Date:
         2026.09.24
                      No.4-Insurance Company.
         13:00:28
         +0530




                      2.       As per the conditional order dated 30th July 2015 the appeal
                      was dismissed for not filing private paper-book within one year.

                      3.       This application for restoration is filed after the delay of 9 years
                      and 10 months. It is opposed by Mr. Joshi. The Court noting says
                      that Respondent No.3 has expired.
LSP                                  2               35 ia 6954.26.doc


4.      It is no doubt true that the Applicants are not diligent in two
ways; (i) in not filing the private paper-book in time and (ii) in not
approaching Court for restoration.

5.      Be that as it may, the claimant needs to be granted an
opportunity to put forth their case for the reasons stated in the
application. It is allowed in terms of prayer clauses (a) and (b).

6.      Private paper-book be taken on record and be served on other
side.

7.      Considering the limited prayer, I have decided it even though
no steps are taken for bringing the LRs of Respondent No.3. The
Appeal is restored. The Appellants to take steps for bringing the LRs
of Respondent No.3. Learned Advocate Shri Joshi waives notice for
Respondent No.4.

8.      Let copy of memo of appeal be served on learned Advocate
Mehta for Respondent No.2. Respondent No.1 is already served by
paper publication.

9.      Stand over to 21st October 2026.


                                                (S.M. MODAK, J.)


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