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Bombay High CourtIA/3755/2025dissmiss for defaultnonprosecution

Rekha Pradeep Kalal v. Bhomaji Ashlaji Kalal

2025-12-23Hon'Ble Justice Advait M. Sethna2 pages

20-IA-3755-2025 (C).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3755 OF 2025 IN SECOND APPEAL(ST) NO. 11027 OF 2024 Rekha Pradeep Kalal ...Applicant

Versus

Bhomaji Ashlaji Kalal

...Respondent

WITH INTERIM APPLICATION NO. 3756 OF 2025 IN SECOND APPEAL(ST) NO. 11027 OF 2024 Pradeep B Kalal Since Deceased Thr His Lrs ...Applicant

Versus

Shri Bhomaji Ashlaji Kalal

...Respondent

__________ None for the Applicant.

__________ CORAM :

ADVAIT M. SETHNA, J.

DATE :

23 DECEMBER 2025 P.C.:

1.

None appears for the Applicant/Appellant.

2.

This Court, by an earlier order dated 15 December 2025, had observed that the Application for condonation of delay of 263 days, which was filed on 23 February 2024, has been pending since then. The Court also observed that the Applicant was not represented on the said date. In the interest of justice, an opportunity was granted to the Applicant/Appellant to remain present before the Court by Mayur

20-IA-3755-2025 (C).doc the said order dated 15 December 2025. However, when the matter was called out today, the same position continues. Therefore, as a matter of last chance, list these proceedings on 24 December 2025. 3.

It is made clear that if the Applicant does not appear and/or is not represented, the Court shall constrained to pass appropriate orders, including dismissal of this Interim Application for want of prosecution.

[ADVAIT M. SETHNA, J.] Mayur