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Bombay High Court

NANIBEN D.BHANDARI D/O.LATE B.N.BHANDARI THR.MAGANBHAI DAHYABHAI BHANDARI (SON)THR.POA HOLDERversusMANGLIBEN MANGAL MACHHI AND ORS.

Decided
Disposal
Disposed Off

Holding

The Court held that, in the absence of any delay and in the interest of justice, an appeal dismissed for non‑prosecution may be restored.

Summary

The applicant, Naniben D. Bhandari, filed an interim application seeking restoration of her appeal which had been dismissed on 19 November 2025 for non‑prosecution. The High Court examined the contentions and found that the interim application was filed without any undue delay. The Court held that the interest of justice warranted reinstating the appeal to the court's file. Consequently, the interim application was allowed, the appeal from order was restored, and no costs were awarded. The order also directed service of the appeal order on all parties, removal of any office objections within four weeks, and listing of the appeal for hearing on 15 December 2026.

Issues considered

  • Whether an appeal dismissed for non‑prosecution can be restored on an interim application filed without delay
  • Whether the interest of justice justifies reinstating the appeal

Subjects

  • interim relief
  • restoration of appeal
  • non‑prosecution
  • civil appellate jurisdiction
  • interest of justice

Judgment

                                                                                   502- IA-7441-26 IN FAST.DOC


 JYOTI
 RAJESH                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
 MANE                                   CIVIL APPELLATE JURISDICTION
Digitally signed
by JYOTI RAJESH
MANE
Date: 2026.09.22
19:21:50 +0530                           INTERIM APPLICATION NO. 7441 OF 2026
                                                              IN
                                            First Appeal (ST) NO. 29383 OF 2025

                   Naniben D.Bhandari D/o.late B.N.Bhandari
                   Thr.Maganbhai Dahyabhai
                   Bhandari (son)thr.poa Holder                            ...Applicant
                         Versus
                   Mangliben Mangal Machhi And Ors.                        ...Respondents

                                                     _______
                   Dr. Suresh Mane a/w. MR. Dinesh R. Sonawane, a/w. MR. Ramesh Golait,
                   for Applicant.
                   Ms. Amisha Salvi h/f. Mr. Harsh Dedhia, for Respondent Nos. 5 to 8.
                                                       _______

                                                 CORAM:        AARTI SATHE, J.

                                                  DATE:        22 SEPTEMBER 2026

                   P.C.

                   1.      By this interim application, the applicant/appellant has prayed for
                   restoration of the Appeal from Order, which came to be dismissed by the order
                   dated 19 November 2025 for non-prosecution.

                   2.     This Court has perused the averments as made in the interim application.
                   There is no delay in filing this interim application. In the interest of justice, this
                   Court is of the opinion that the Appeal from Order deserves to be restored to the
                   file of this Court.

                   3.     The interim application is allowed in terms of prayer clause (a). Disposed of.
                   No costs.

                   4.     Let copy of the Appeal from order be served on all the parties.

                   5.     Office objections, if any, be removed within a period of four weeks from



                                                      Page 1 of 2
                   Mane
                                                              502- IA-7441-26 IN FAST.DOC



today.

6.       List Appeal from Order on 15 December 2026.




                                          (AARTI SATHE, J.)




                                 Page 2 of 2
Mane


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