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Bombay High Court

RAVINDRA RAJARAM DANGEversusMOHANRAO MADANRAO BHURKE

Disposal
Dismissed

Holding

The revision application is dismissed for non‑prosecution.

Summary

The applicant, Ravindra Rajaram Dange, filed a civil revision seeking permission to deposit rent in the Trial Court, Satara, and any other equitable relief. The applicant's counsel, Mr. Anway Mane, reported that the applicant was unreachable and no instructions could be obtained to proceed. The court observed that neither the applicant nor the respondent, nor any counsel, appeared when the matter was called. Given the lack of prosecution and the applicant's inability to instruct counsel, the court dismissed the revision application. Consequently, the related civil application was also disposed of.

Issues considered

  • Whether a civil revision application can be dismissed for non‑prosecution due to the absence of the parties and their counsel?
  • Whether any relief can be granted when the applicant is unreachable and no instructions are available?

Subjects

  • civil revision
  • non‑prosecution
  • dismissal
  • rent deposit
  • procedural default
  • court order

Judgment

                                                               19-CRA-1072-2010.doc



         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  CIRCUIT BENCH AT KOLHAPUR
                  CIVIL APPELLATE JURISDICTION
          CIVIL REVISION APPLICATION NO. 1072 OF 2010
Ravindra Rajaram Dange                            ...Applicant
        Versus
Mohanrao Madanrao Bhurke                                      ...Respondent
                                WITH
            CIVIL APPLICATION IN CRA. NO. 377 OF 2019
                                  IN
           CIVIL REVISION APPLICATION NO. 1072 OF 2010
Mohan Madanrao Bhurke (Since Deceased)
Thr. Legal Heirs Smt. Disha Gagan Narekar          ...Applicant
        Versus
Ravindra Dange                                                ...Respondent
_______________________________________________________________
Mr. Anway Mane a/w Chinar Sankpal i/b Prajakt Arjunwadkar,
Advocate for the Applicant.
None for the Respondent.
_______________________________________________________________
                            CORAM : ASHWIN D. BHOBE, J.
                             DATE : 1st October, 2026.
P.C. :


1.       Heard Mr. Anway Mane, learned Advocate for the Applicant.

None appears for the Respondent either physically or through VC mode.



2.       By the present Revision Application, the Applicant has sought for

the following reliefs in terms of prayer clauses (a) and (b) :-


           (a)      That this Hon’ble court may be pleased to allow the
           present Civil Application and be further pleased to grant


Arjun                               1
                                                                   19-CRA-1072-2010.doc



          permission to deposit rent in the Trial Court Satara in RCA No.
          225 of 2008.


          (b)      Any other just and equitable orders as this Hon’ble
          Court deems fit be granted.


3.      Mr. Anway Mane, learned Advocate holding for Advocate Mr.

Prajakt Arjunwadkar, learned Advocate on record for the Applicant,

states that despite several attempts made by Mr. Prajakt Arjunwadkar,

learned Advocate for the Applicant, to contact the Applicant, the

Applicant is not reachable. He states that the Applicant has not

contacted the office of Mr. Prajakt Arjunwadkar, for quite some time. He

submits that in view of the Applicant not contacting the Advocate on

record Mr. Prajakt Arjunwadkar, he has no instructions in the present

matter and is unable to proceed with the matter. He therefore submits

that this proceedings be disposed of.



4.      On 20.08.2026, the following order was passed :-


          1.        This Civil Revision Application is of the year 2010.
          2.        When this Application was called out, neither the
          Applicant nor the Advocate for the Applicant was present.
          3.        None present for the Respondent.
          4.        Office note dated 14th August, 2026 reads thus:
               "1) CRA IS ADMITTED ON 11/01/2010.
               2) NOTICE ISSUED TO RESPONDENT IS DULY
               SERVED.
               3) R & P WRIT RECEIVED.
               4) AS PER COURTS ORDER DTD. 18/03/2019
               PASSED IN C. A. NO. 122/2019, ADVOCATE FOR



Arjun                                2
                                                                                        19-CRA-1072-2010.doc



                                    APPLICANT HAS CARRIED OUT AND AMENDMENT
                                    ON 25/03/2019 (LEGAL HEIR OF SOLE
                                    RESPONDENT BROUGHT ON RECORD).
                                    COURT (S.J.)
                                    FOR FINAL HEARING"
                               5.        To afford an opportunity to the Applicant/Advocate
                               for the Applicant to appear, list this matter on 1ª October, 2026
                               under the caption "For Dismissal".



                     5.      None appears for the Respondent.



                     6.      In view of the statement made by Mr. Anway Mane, learned

                     Advocate holding for Mr. Prajakt Arjunwadkar, learned Advocate on

                     record for the Applicant, this Court is left with no other alternative but

                     to accept the same and dismiss this Revision Application for non-

                     prosecution.



                     7.      Civil Revision Application No. 1072 of 2010 is dismissed for

                     non-prosecution.



                     8.      In view of the dismissal of the present Application, nothing

                     further survives in Civil Application in Civil Revision Application No.

                     377 of 2019 and the same is disposed of.



                                                                         (ASHWIN D. BHOBE, J.)
        Digitally
        signed by
        ARJUN
ARJUN   KRISHNA
KRISHNA RODGE
RODGE   Date:
        2026.10.06
        12:21:49
        +0530



                     Arjun                                3


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