Bombay High Court

KESHAV WAMAN WANI.versusLAXMIBAI WAMAN WANI (L.RS.)KAMALABAI and OTHERS.

Disposal: DISMISSED

Holding

The appeal is dismissed for default.

Summary

The matter before the High Court was a second appeal filed in 1992 by Keshav Waman Wani and another appellant against Laxmibai Waman Wani (L.Rs.) Kamalabai and others. Appellant No.1 died during the pendency of the appeal, and Appellant No.2 was served notice after his former advocate was discharged. Despite proper service, Appellant No.2 failed to appear before the Court. The Court observed that more than 34 years had elapsed since the filing of the appeal. Consequently, the Court dismissed the appeal for default due to the appellant's non‑appearance and the inordinate delay. Any pending civil application, if existent, was also disposed of.

Issues considered

What is the appropriate consequence of a 34‑year delay and the appellant's failure to appear after service of notice?

Subjects

appeal
default
delay
civil procedure
service of notice

Judgment

2026:BHC-AUG:42770


                                                                                    sa335.92
                                                   -1-


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                              934 SECOND APPEAL NO. 335 OF 1992

                                 Keshav Waman Wani and another
                                           VERSUS
                        Laxmibai Waman Wani (L. Rs.) Kamalabai and others
                                              …..

                                     CORAM : SANJAY A. DESHMUKH, J.
                                     DATED : 11th SEPTEMBER, 2026

                 PER COURT :-


                 1.       Appellant No.1 has died. Appellant No.2 was served

                 with notice, as the advocate representing him had been

                 discharged from the matter. Though duly served with the

                 aforesaid notice, Appellant No.2 remained absent. Since the

                 appeal is of the year 1992 and more than 34 years have

                 elapsed, the appeal is dismissed for default.



                 2.       Pending civil application, if any, is also disposed of.



                                                    (SANJAY A. DESHMUKH, J.)

                 rlj/

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