Bombay High Court

SHRI KRISHNA PANDURANG MHATREversusSOU. MAI BALIRAM THAKUR

Decided: 16 September 2026
Disposal: Disposed Off

Holding

The Court restored the second appeal despite the earlier dismissal for non-filing of the paper book.

Summary

An interim application was filed to seek restoration of a second appeal that had been dismissed for failure to file the paper book. The respondent's counsel expressed no objection to the restoration. The Court, after considering the application, ordered the second appeal to be restored and disposed of the interim application. The restored appeal was directed to be listed for hearing on 8 October 2026. No substantive merits of the underlying dispute were addressed in this order.

Issues considered

Whether a second appeal dismissed for non-filing of the paper book can be restored upon filing of an interim application.

Subjects

restoration of appeal
civil appellate jurisdiction
procedural compliance
paper book filing
interim application

Judgment

                      Sonali Mane                                                  115-IA-7112-2026.docx



                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                             CIVIL APPELLATE JURISDICTION

                                          INTERIM APPLICATION NO. 7112 OF 2026
                                                            IN
                                             SECOND APPEAL NO. 242 OF 2024

                      Shri Krishna Pandurang Mhatre                               … Applicant
                               Versus

                      Sou. Mai Baliram Thakur and Ors.                            … Respondents



                      Mr. Vijay S. Gharat for Applicant.
                      Mr. J. P. Kharge for Respondents.



                                                        CORAM        : SANDEEP V. MARNE, J.

                                                        DATE         : 16 SEPTEMBER 2026.

                      P.C. :



                      1)            The Interim Application is filed seeking restoration of the
                      Second Appeal, which is dismissed for non filing of the paper book.



                      2)            The learned counsel appearing for Respondent fairly submits
                      that he has no objection to restoration of the Appeal.



                      3)            The   Second   Appeal   is   accordingly   restored.     Interim
                      Application is disposed of.
  MANE
  SONALI
  DILIP
Digitally signed by
MANE SONALI DILIP
Date: 2026.09.18
10:49:07 +0530




                                                     ___Page No.1 of 2___
                                                      16 September 2026
Sonali Mane                                                 115-IA-7112-2026.docx



4)            List the Second Appeal under caption 'for hearing' on
8 October 2026.



                                                    [SANDEEP V. MARNE, J.]




                             ___Page No.2 of 2___
                              16 September 2026

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