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Bombay High Court

THE KARNATAK CO-OPERATIVE HOUSING SOCIETY LIMITEDversusSHRI. SADANAND B. NEVREKAR AND ORS

Decided
Disposal
Abated

Holding

The court held that the application is abated due to the death of the respondents and therefore cannot be restored.

Summary

The Karnatak Co‑operative Housing Society Ltd. applied for restoration of a civil revision application that had been dismissed for default on 18‑06‑2014. The restoration request was filed on 16‑10‑2015, well beyond the prescribed time. Respondents produced death certificates and the applicant’s counsel was informed of the deaths on 04‑12‑2025. The court observed that, in view of the respondents’ deaths, the pending application was already abated. The applicant’s counsel indicated an intention to file a separate application to set aside the abatement, but the present request for restoration was not entertained.

Issues considered

  • Whether a civil revision application dismissed for default can be restored when filed out of time
  • Whether the death of the parties causes abatement of the pending application
  • Whether the court can entertain a restoration application after abatement

Subjects

  • civil procedure
  • default judgment
  • abatement
  • death of parties
  • restoration of decree

Judgment

                                                                      9-CAC-7-2025.doc



                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          CIVIL APPELLATE JURISDICTION

                                          CIVIL APPLICATION NO. 7 OF 2025
                                                         IN
                                   CIVIL REVISION APPLICATION NO. 599 OF 2013


                   The Karnatak Co-operative Housing Society               ...Applicant
                   Limited
SNEHA
                              Versus
NITIN              Shri. Sadanand B. Nevrekar And Ors                      ...Respondent
CHAVAN
Digitally signed
by SNEHA
NITIN CHAVAN                                        ****
Date:
2026.01.17
15:03:25 +0530     Mr. Makarand Bakare for the Applicant.
                   Mr. Praful Pawar i/b Prashant Karande for Respondents.
                                                    ****

                                                 CORAM :     M.M. SATHAYE, J.
                                                   DATE :    17th JANUARY, 2026

                   P.C. :


                   1.             This is an application for restoration of above CRA which is
                   dismissed for default on 18.06.2014. The application is filed on
                   16.10.2015, though it is numbered late.
                   2.             Learned Counsel for the Respondents has placed on record the
                   copies of death certificates of both the Respondents. He submits that
                   intimation about death is already given to the Advocate for the other
                   side, which is admittedly received by Advocate for the Applicant on
                   04.12.2025.
                   3.             Considering the dates of death, the present application is
                   already abated. Learned Counsel for the Applicant submits that he will
                   take out necessary application for setting aside abatement.


                                                               (M.M. SATHAYE, J.)


                   Sneha Chavan                                                           1


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