First appeal dismissed for default as none appeared for the appellants despite repeated calls. An earlier default dismissal had been recalled on 17 February 2020, but on this date the court again dismissed the appeal in default, with civil applications not surviving.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
228-FA-624-2000.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
FIRST APPEAL NO. 624 OF 2000
Pramod Ramrao Worlikar (Since Deceased)
Through legal heirs;
Mrs. Asha Pramod Worlikar and Ors.…
Appellants
Versus
…
Vijaya Rangnath Worlikar and Ors.Respondents
None for the Appellant.
Mr. R.A. Shaikh a/w Ms. Swati Morgi, for the Respondent No.2.
CORAM : PRITHVIRAJ K. CHAVAN, J.
DATED : 3rd AUGUST, 2023.
P.C.
On 8th November, 2019 this Court ( Coram:R.D. Dhanuka,
the then Chief Justice) has passed the following order:
“P.C.
The matter was called twice when none
appeared for the applicants. First appeal is
dismissed for default.
2 In view of dismissal of the first appeal, none of the civil applications survives and are accordingly dismissed. No order as to costs.”2Subsequently, on 17th February, 2020 the order was recalled.
The said order reads thus:
REKHA PRAKASH PATIL
1 of 2
Rekha Patil
Digitally signed by REKHA PRAKASH PATIL Date: 2023.08.04 17:46:03 +0530
228-FA-624-2000.doc
“P.C.
Heard learned counsel for the parties. The
applicant seeks recall of the order dated 8th
December, 2019 passed by this court thereby
dismissing the first appeal as well as civil
application for default.
2. The reasons for condonation of delay and
for remaining absent before this court are
explained in paragraphs (4) and (5) of the
interim application sufficiently. Interim
application is accordingly made absolute in
terms of prayer clauses(a) and (b). There shall
be no order as to costs.
3. Place first appeal on board for hearing and final disposal on 4th March, 2020. It is made clear that no adjournment would be granted on any application if made by the appellants.”
3 Despite repeated calls none for the appellants.4 In the light of the order passed on 17th February, 2020, the First Appeal stands dismissed in default. [PRITHVIRAJ K. CHAVAN, J.]
2 of 2
Rekha Patil
1 issue framed by the court
Whether the first appeal should stand dismissed for default due to the appellants' non-appearance.
Pramod Ramrao Worlikar (Since Deceased) through legal heirs; Mrs. Asha Pramod Worlikar and Ors.
Vijaya Rangnath Worlikar and Ors.
Prithviraj K. Chavan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court