Bombay High Court

RAMA @ MUKA MALU DHANGAR @ DHAIGUDE SINCE DECEASEDversusTUKARAM MALU DHANGAR ALIAS DHAIGUDE SINCE DECEASED

Decided: 17 September 2026
Disposal: Disposed Off

Holding

The Court held that the second appeal should be restored upon filing of the paper book.

Summary

The appellant, Rama @ Muka Malu Dhangar @ Dhaigude (deceased) through his legal heirs, filed a second appeal which was dismissed by the Registrar for failure to file the required paper book within the stipulated time. An interim application (No. 7161 of 2026) was filed seeking recall of that dismissal order. Counsel for the appellant submitted that the paper book has now been filed. The Court examined whether the procedural lapse could be cured by the belated filing. Finding that the paper book was now in order, the Court restored the second appeal. The interim application was allowed and disposed of.

Issues considered

Whether the order dismissing the second appeal for failure to file the paper book within the stipulated time can be recalled after the paper book is filed

Subjects

interim application
paper book
procedural default
restoration of appeal
civil appellate jurisdiction

Judgment

k                                1/2                     10 ia 7161.26 in sa as.doc




            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CIVIL APPELLATE JURISDICTION

                INTERIM APPLICATION NO. 7161 OF 2026
                                IN
                   SECOND APPEAL NO.448 OF 2019

Rama @ Muka Malu Dhangar @ Dhaigude
(since deceased through his legal heirs)
1(a) Malu Rama Dhaigude                                      ....Applicant
IN THE MATTER BETWEEN
Rama @ Muka Malu Dhangar @ Dhaigude
(since deceased through his legal heirs)
1(a) Malu Rama Dhaigude                                      ....Appellant
      V/S
Tukaram Malu Dhangar @ Dhaigude & Ors.                       ....Respondents
                                _________

Mr. Amol A. Deshpande for the Appellant/Applicant.
                             __________

                           CORAM : SANDEEP V. MARNE, J.
                           DATE : 17 SEPTEMBER 2026.

P.C.:

1.       The Interim Application is filed for recall of the conditional order
dated 15 June 2026 passed by the Registrar (Judicial-II) dismissing the
Second Appeal for failure to file paper book within the stipulated time.


2.       The learned counsel appearing for Applicant submits that the
paper book has now been filed.


3.       In view of the above position, I deem it appropriate to restore the
Appeal. The Second Appeal is accordingly restored.


katkam                                 Page No. 1 of 2
                         k                               2/2                          10 ia 7161.26 in sa as.doc




                         4.       The Interim Application is allowed and disposed of.



                                                                                 (SANDEEP V. MARNE, J.)




                          katkam
Signed by: Sudarshan R. Katkam                                 Page No. 2 of 2
Designation: PS To Honourable Judge
Date: 18/09/2026 11:09:12

Continue reading with your account

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

Amol a Deshpande