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Bombay High Court

SMT.SUMITRA BHALCHANDRA PADOSKARversusSHRI.SHASHANK VITTHAL PINGULKAR

Disposal
Dismissed

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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