Bombay High Court
SHRI.NAMDEO BABU LONGALE AND OTHERSversusSHRI. EKNATH MAHADU LONGALE AND OTHERS
- Decided
- Disposal
- Dismissed
- Bench
- GAURI GODSE
Holding
The second appeal was dismissed in default due to the appellants' non-appearance.
Summary
The appellants failed to appear before the High Court on the scheduled dates for their second appeal. Consequently, the court adjourned the matter and, upon continued non-appearance, dismissed the appeal in default. The pending interim and civil applications were declared infructuous. No substantive merits of the case were addressed. The order was pronounced by Justice Gauri Godse on 10 July 2026.
Issues considered
- Whether a second appeal can be dismissed for the appellants' failure to appear
Subjects
- default judgment
- civil procedure
- non-appearance
Judgment
2026:BHC-AS:28591
48-SA-51-2023.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
SECOND APPEAL NO. 51 OF 2023
Swapnil
Namdeo Babu Longale and Ors. … Appellants
Vs.
Eknath Mahadu Longale and Ors. … Respondents
WITH
INTERIM APPLICATION NO. 2622 OF 2020
WITH
CIVIL APPLICATION NO. 1552 OF 2018
None for the appellants.
CORAM : GAURI GODSE, J.
DATE : 10th JULY 2026
ORDER :
1. Since none had appeared for the appellants on the last
date, the second appeal was adjourned. Even today none
appears for the appellants.
2. The second appeal is dismissed in default.
3. Pending applications are disposed of as infructuous.
[GAURI GODSE, J.]
1/1
Checking your session…