Bombay High Court
SHRI. CHANGA PANDURANG MHATRE and ORS.versusSHRI. GAJANAN RAMA GAVAND and ORS.
- Decided
- Disposal
- Dismissed
- Bench
- GAURI GODSE
Holding
The appeal will be dismissed if the appellants fail to remove the procedural objections within six weeks.
Summary
The appellants in Second Appeal No. 1362 of 2004 failed to serve the unserved respondents and did not file the required private paper‑book as ordered on 29 November 2007. The court, noting the office remark, observed that the appellant’s counsel had not complied with these procedural directions. By way of a final opportunity, the court granted the counsel six weeks to remove the objections, warning that failure to do so would result in dismissal of the appeal without further reference. If the objections are cleared, the appeal is to be listed after eight weeks under a directions caption. The order thus emphasizes strict adherence to procedural orders in appellate proceedings.
Issues considered
- Whether the appellants complied with the court’s order to serve the respondents and file a private paper‑book
- Whether the appeal should be dismissed for non‑compliance with procedural directions
Subjects
- Procedural compliance
- Service of notice
- Private paper‑book
- Second appeal
- Court directions
Judgment
8-sa-1362-2004.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
varsha
CIVIL APPELLATE JURISDICTION
SECOND APPEAL NO. 1362 OF 2004
Shri Changa Pandurang Mhatre and Ors … Appellants
vs.
Shri Gajanan Rama Gavand and Ors … Respondents
None for the Appellants.
Digitally
signed by
VARSHA
VARSHA VIJAY
VIJAY RAJGURU
RAJGURU Date:
CORAM : GAURI GODSE, J.
2026.01.29
13:05:19
+0530
DATED : 28th JANUARY 2026
ORDER:
1. None for the appellants.
2. As per the office remark, learned advocate for the appellants
has not taken steps to serve the unserved respondents and has not
filed private paper-book as per the order dated 29th November 2007.
3. By way of last chance, learned advocate for the appellants is
granted six weeks time to remove office objections, failing which the
second appeal will stand dismissed without further reference to the
court. If objections are removed, list the second appeal after eight
weeks under the caption for ‘directions’.
(GAURI GODSE, J.)
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