Bombay High Court

DNYANRAJ GANGARAM DIWATE and OTHERS.versusSAKHARAM RAM BANSALE.

Disposal: DISMISSED

Holding

The appeal is dismissed due to the appellant's absence and the 34-year delay.

Summary

The appellants filed a second appeal that remained pending for 34 years. The learned advocate for the appellants was absent and no necessary procedural steps were taken to advance the matter. The respondent was represented by Mr. Arvind Deshmukh. The court noted the inordinate delay and the failure of the appellants to appear. Consequently, the court scheduled the appeal for dismissal and ordered it dismissed.

Issues considered

Whether a second appeal pending for an extended period and without the appellant's participation can be dismissed on procedural grounds

Subjects

appeal
delay
dismissal
procedural default
court scheduling

Judgment

2026:BHC-AUG:39611


                                                                           sa535.92
                                                 -1-


                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                9 SECOND APPEAL NO. 535 OF 1992

                               Dnyanraj Gangaram Diwate And Others.
                                            VERSUS
                                     Sakharam Ram Bansale.
                                               ...

                           Advocate for Respondent : Mr. Arvind Deshmukh
                                                …..

                                     CORAM : SANJAY A. DESHMUKH, J.
                                     DATED : 31st AUGUST, 2026

                 PER COURT :-


                           Learned advocate for the appellants is absent.     The

                 necessary steps, as required in the matter, are not taken.   The

                 appeal   is pending since 34 years.   The appeal is scheduled for

                 dismissal. The appeal is accordingly dismissed.



                                                  (SANJAY A. DESHMUKH, J.)

                 rlj/

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