Bombay High Court

JANAKIBAI BALGONDA PATIL and ORS.versusANIL @ DEVGONDA BHUJGONDA PATIL

Disposal: Dismissed for non-complying conditional Order

Holding

The court granted a one‑week extension to file the vakalatnama, with dismissal of the appeal if the deadline is missed.

Summary

The appellant in a second appeal filed an interim application seeking additional time to file a vakalatnama, citing the need to obtain instructions from legal heirs. The court noted that the appellant had been requesting time since March 2026 and had previously been granted extensions. On the current hearing, the appellant again requested further time, and the court, as a final opportunity, granted a one‑week extension. The court warned that failure to file the vakalatnama within this period would result in dismissal of the appeal without further reference. The matter was adjourned to 13 August 2026 for compliance.

Issues considered

Whether the appellant should be granted further time to file the vakalatnama
Consequences of non‑compliance with the court's deadline

Subjects

procedural law
vakalatnama
adjournment
civil appellate jurisdiction
interim application

Judgment

                                                   44-SA-635-2004 (C).doc

           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CIRCUIT BENCH AT KOLHAPUR
                   CIVIL APPELLATE JURISDICTION

                  SECOND APPEAL NO. 635 OF 2004

Janakibai Balgonda Patil & Ors.                    .....Appellants
      Vs.
Anil @ Devgonda Bhujgonda Patil                    .....Respondent

                             WITH
          INTERIM APPLICATION (STAMP) NO. 24626 OF 2025
                               IN
                 SECOND APPEAL NO. 635 OF 2004

Jankibai Balgonda Patil                            ......Petitioner
      Vs.
Anil Alias Devogonda Bhujgonda Patil               .....Respondent

                                .....
Mr. Kunal Nalwade i/b Mr. S. R. Ganbawale, Advocate for Applicant
Ms. Prajakt M. Arjunwadkar with Mr. Dhananjay A. Utture, Advocate
for Respondent.
                                .....

                       CORAM: MRS. VRUSHALI V. JOSHI,
                        DATED: 6th AUGUST 2026
P.C.:-

1.       It appears from the record that since March 2026, the

Appellant has been seeking time to file the Vakalatnama. On the

previous date, learned counsel for the Appellant submitted that time

was required to obtain instructions from the legal heirs, as they had

not yet instructed him to file the Vakalatnama.

Suresh                                                                 1/2
                                                      44-SA-635-2004 (C).doc

2.       Today also, learned counsel has prayed for further time to file

the Vakalatnama. As a last chance, one week's time is granted. If the

Appellant fails to file the Vakalatnama on the next date of hearing,

the appeal shall stand dismissed without further reference to this

Court.

3.       Stand over to 13th August 2026.




                                     (MRS. VRUSHALI V. JOSHI, J.)




Suresh                                                                    2/2

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