Bombay High Court

BABU ALIAS DHONDU LAXMAN PADWALversusSHANKAR GENU PADWAL AND ORS.

Decided: 23 April 2026
Disposal: Dissmiss For Default/Non-Prosecution
Bench: GAURI GODSE

Holding

The appeal was dismissed for non‑prosecution because the appellant failed to appear.

Summary

The appellant, Swapnil Babu alias Dhondu Laxman Padwal, failed to appear before the Bombay High Court on multiple scheduled dates for his second appeal against Shankar Genu Padwal and others. The court had previously adjourned the appeal on at least four occasions due to the appellant's non‑appearance. On 10 April 2026, the court issued a final warning, listing the appeal for dismissal on 23 April 2026 and stating that any further failure to appear would result in dismissal for non‑prosecution. The appellant again failed to appear on the stipulated date. Consequently, the court dismissed the second appeal for non‑prosecution and, as a result, disposed of the related civil application as infructuous.

Subjects

civil procedure
non‑prosecution
dismissal
appeal
infructuous

Judgment

2026:BHC-AS:19572

                                                                5-SA-564-1998.docx


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              CIVIL APPELLATE JURISDICTION
                             SECOND APPEAL NO. 564 OF 1998
   Swapnil
               Babu Alias Dhondu Laxman Padwal.          …     Appellant
                     Vs.
               Shankar Genu Padwal And Ors.              …     Respondents
                                            WITH
                             CIVIL APPLICATION NO. 10462 OF 1998


               None for the appellant.

                                         CORAM : GAURI GODSE, J.

                                         DATE :     23rd APRIL 2026

               ORDER :


               1.     Since none had appeared for the appellant for last

               many dates, following order was passed on 10th April 2026 :-


               “1.    None had appeared for the appellant on various dates.

               Since none had appeared, this court had adjourned the

               appeal at least on last four dates. Even today none appears

               for the appellant.


               2.     By way of last chance to the appellant, list the second

               appeal on 23rd April 2026. To be listed under the caption ‘for

               dismissal’.


               3.     It is clarified that if none appears for the appellant on

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                                                  5-SA-564-1998.docx


the next date, the second appeal will be dismissed fro non

prosecution.”


2.    Even today none appears for the appellant.


3.    The second appeal is dismissed for non-prosecution.


4.    In view of dismissal of the second appeal, the civil

application is disposed of as infructuous.




                                             [GAURI GODSE, J.]




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