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Bombay High Court

MUBARK BIN ISLAMBIN CHAUS AND OTHERSversusSTATE OF MAHARASHTRA THROUGH ITS HONBLE MINISTER OF STATE REVENUE DEPARTMENT AND OTHERS

Disposal
DISPOSED OFF
Bench
ROHIT W JOSHI

Holding

The court allowed the restoration of the review application dismissed in default.

Summary

The review application filed by Mubark Bin Islambin Chaus and others was dismissed in default because their counsel was absent at the hearing in Nagpur, while the respondent's counsel was present. The applicants sought restoration of the review application, explaining that the counsel could not travel due to a petroleum shortage in the Gulf region. The respondent's counsel disputed any consent to an adjournment but acknowledged receiving telephone communications about the matter. To avoid further dispute, the court deemed it appropriate to restore the review application so that it could be heard on its merits. Consequently, the application for restoration was allowed and the review petition was scheduled for a hearing on 5 May 2026.

Issues considered

  • Whether a review application dismissed for default can be restored when the applicant's counsel was unable to appear due to external circumstances.
  • Whether the respondent's objection to an adjournment affects the court's power to restore the dismissed review application.

Subjects

  • review petition
  • restoration
  • default dismissal
  • adjournment
  • civil procedure
  • procedural law

Judgment

2026:BHC-AUG:19811



                                                                 1                      02. CA 4698.26.odt


                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              AURANGABAD BENCH : AURANGABAD
                                     CIVIL APPLICATION NO.4698 OF 2026
                                                     IN
                                    REVIEW APPLICATION NO.206 OF 2025

                                          Mubark Bin Islambin Chaus and ors.
                                                          Vs.
                     State of Maharashtra through its Hon’ble Minister of State Revenue Department
                                                        and ors.
                 Office Notes, Office Memoranda of                     Court's or Judge's Order
                 Coram, appearances, Court's Orders
                 or directions and Registrar's order
                                Mr. Jagdish V. Deshpande, Advocate for applicants.
                                Mr. Shaikh Mujtaba Gulam Mustafa, Advocate for non-applicant
                                No.6.

                                         CORAM : ROHIT W. JOSHI, J.
                                         DATE : 30.04.2026.

                                .        The application for review was fixed for hearing
                                on 27.03.2026. On the previous date of hearing it was
                                agreed between the learned advocates that rather than
                                advancing submissions via video-conferencing, they
                                would come to Nagpur for hearing of the application. Mr.
                                Mujtaba, learned advocate for non-applicant No.6 was
                                present before this Court at Nagpur on 27.03.2026.
                                learned advocate for applicants was absent. Mr. Mujtaba,
                                made a statement that he was not appraised that the
                                learned advocate for the applicants was to seek
                                adjournment and therefore, he had come to Nagpur all
                                the way from Aurangabad for hearing of the application.
                                In view of absence of learned advocate for the applicants
                                and particularly having regard to the statement made by
                                            2                    02. CA 4698.26.odt

            the     learned     advocate   for   respondent     No.6,        the
            application for review was dismissed in default.

            2.        Present application is filed for restoration of
            review application.

            3.        Mr.     Deshpande,   learned    advocate      for      the
            applicants, contends that it was conveyed to the learned
            advocate for the non-applicants that, due to the situation
            prevailing in Gulf region causing scarcity of petroleum
            products, it was not possible for him to come down to
            Nagpur.

            4.        Although Mr. Mujtaba disputes that he had
            consented for adjournment, in fairness, he does not
            dispute that telephonic calls in this regard were received
            by him.

            5.        In order to avoid further controversy on this
            aspect, it is       deemed appropriate to         restore        the
            application for review so that the review petition can be
            heard on merits.

            6.        Application for restoration is allowed.

            7.        List the review application for hearing on
            05.05.2026.

            8.        Interim order, if any,     to continue till the next
            date.


                                                 (ROHIT W. JOSHI, J.)
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