Bombay High Court

SHRI PRAKASH ANANT VALAMEversusMR VISHWANATH BALWANT PHATAK AND ORS

Decided: 12 February 2026
Disposal: Disposed Off
Bench: GAURI GODSE

Holding

The civil application for restoration of the revision was dismissed as infructuous because the original suit had been withdrawn.

Summary

The applicant, Prakash Anant Valame, filed a civil application seeking restoration of a civil revision (CRA No. 213 of 2018). The respondents, Vishwanath Balwant Phatak and others, submitted that the original suit had been withdrawn and produced the order confirming the withdrawal. The court examined whether any relief could survive the withdrawal of the suit. Finding that the underlying suit no longer existed, the court concluded that the revision application was without any surviving cause of action. Consequently, the application was held to be infructuous and was dismissed.

Issues considered

Whether a civil revision application can be restored when the original suit has been withdrawn
Whether any relief can survive the withdrawal of the suit underlying the revision

Subjects

civil revision
restoration
withdrawn suit
infructuous
High Court of Bombay

Judgment

                                                           15-CAC-213-2018.docx


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       CIVIL APPELLATE JURISDICTION
                 CIVIL APPLICATION IN CRA NO. 213 OF 2018
Swapnil                             IN
                CIVIL REVISION APPLICATION NO. 157 OF 2017

          Prakash Anant Valame.                      …    Applicant
               Vs.
          Vishwanath Balwant Phatak and Ors.         …    Respondents

          None for the applicant.
          Mr. Vaibhav Ugle, Mr. Prashant Mahajan for the respondents.

                                    CORAM : GAURI GODSE, J.
                                    DATE :      12th February 2026

          ORDER :


          1.    None for the applicant.


          2.    The civil application is for restoration of the civil

          revision application.


          3.    Learned counsel for the respondent on instructions

          submits that the suit is withdrawn. He has tendered the copy

          of the order which is taken on record. He, therefore, submits

          that nothing would survive in the civil application.


          4.    The civil application is disposed of as infructuous.




                                                     [GAURI GODSE, J.]

                                          1/1

Continue reading with your account

Checking your session…