Bombay High Court

JAFARKHAN AKBARKHANversusGULAM MOHD @ CHHOTU GULAM MUSTAFA AND OTHERS

Disposal: DISMISSED

Holding

The appeal is dismissed in default due to the appellant's absence and failure to take steps against the deceased respondent.

Summary

The matter before the Bombay High Court, Aurangabad Bench, is a second appeal (No. 417 of 1999) that has been pending for 27 years. The appellant's counsel was absent on the scheduled hearing date of 1 September 2026, and the absence was recorded again on 29 August 2026. The court noted that, pursuant to its order dated 25 June 2026, no steps had been taken against the deceased respondent No.1. Given the appellant's continued non‑appearance and the lack of compliance with the earlier order, the court found no basis to proceed with the appeal. Consequently, the court dismissed the appeal in default. The judgment was delivered by Justice Sanjay A. Deshmukh.

Issues considered

Whether the appeal can be entertained despite the appellant's absence
Whether a default dismissal is appropriate when the appellant fails to appear and comply with procedural orders

Subjects

appeal
default judgment
absence of party
civil procedure
high court

Judgment

2026:BHC-AUG:39784



                                                    (1)                 906 sa 417.99

                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       BENCH AT AURANGABAD

                                  906 SECOND APPEAL NO. 417 OF 1999

                                   JAFARKHAN AKBARKHAN
                                          VERSUS
                       GULAM MOHD @ CHHOTU GULAM MUSTAFA AND OTHERS

                                                    …..
                      Advocate for Respondents : Mr. Quadri Syed Raheel h/f. S.S. Kazi
                                                    …..

                                              CORAM :     SANJAY A. DESHMUKH, J.
                                              DATE :      01.09.2026

           P.C.:-

                            This appeal has completed 27 years. Learned advocate for the

           appellant is absent and his absentee was marked on 29.08.2026 also. As per

           order dated 25.06.2026, steps are still not taken against the deceased-

           respondent no.1. Appeal is therefore dismissed in default.



                                                              [SANJAY A. DESHMUKH, J.]




           mubashir

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