Bombay High Court
SMT.SUMITRA BHALCHANDRA PADOSKARversusSHRI.SHASHANK VITTHAL PINGULKAR
- Disposal
- Dismissed
- Bench
- VRUSHALI V JOSHI
Holding
The appeal is dismissed in default due to the appellant's failure to appear.
Summary
The appellant, Sumitra Bhalchandra Padoskar, filed a second appeal (No. 450 of 2018) but failed to appear at the scheduled hearing. The respondent, Shashank Vitthal Pingulkar, was present and counsel appeared for him. Despite service of notice, the appellant remained absent on the hearing date and again on the subsequent date when the matter was listed for dismissal. The court, noting the appellant's lack of interest in prosecuting the appeal, ordered dismissal of the appeal in default. Consequently, the related civil application pending in the same proceedings was also disposed of as there was nothing left to consider.
Issues considered
- What is the appropriate consequence when an appellant fails to appear despite notice in a second appeal?
Subjects
- default judgment
- second appeal
- civil procedure
- non-appearance
- appeal dismissal
Judgment
2-SA-450-2018 (C).doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
SECOND APPEAL NO. 450 OF 2018
WITH
CIVIL APPLICATION NO. 1019 OF 2018
Sumitra Bhalchandra Padoskar .....Appellant
Vs.
Shashank Vitthal Pingulkar .....Respondent
.....
None for the Appellant.
Mr. Abhay S. Khandeparkar, Senior Advocate with Mr. Rushikesh G.
Bhagat, i/b. Khandekar & Associate, Advocates for the Respondent.
.....
CORAM: MRS. VRUSHALI V. JOSHI,
DATED: 25th JUNE 2026
P.C.:-
1. It appears from the record that the present Second Appeal is of
the year 2018. The Appellant remained absent on the last date of
hearing and is absent today as well, though the Respondent is
present. Since learned Counsel for the Appellant was not appearing,
notice was issued to the Appellant. Despite due service of notice, the
Appellant failed to appear.
2. Accordingly, by order dated 12th June 2026, the matter was
directed to be listed on today's board under the caption of
Gaikwad RD 1/2
2-SA-450-2018 (C).doc
“Dismissal”. Even today, despite service, the Appellant remains
absent. It appears that the Appellant is not interested in prosecuting
the Second Appeal.
3. The Appeal stands dismissed in default.
4. In view of dismissal of Second Appeal, nothing survives for
further consideration in the Civil Application pending therein and the
same also stands disposed of.
(MRS. VRUSHALI V. JOSHI, J.)
Digitally
signed by
RAJU
RAJU DATTATRAYA
DATTATRAYA GAIKWAD
GAIKWAD Date:
2026.06.29
19:57:17
+0530
Gaikwad RD 2/2
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