Bombay High Court

JAYAPRAKASH SURYAKANT DEVALEKAR AND ORS.versusSATISH GANPAT DALI AND ORS.

Disposal: Disposed Off

Holding

The Court held that a civil revision application may be dismissed for non‑prosecution when the parties repeatedly fail to appear.

Summary

The applicants filed Civil Revision Application No. 125 of 2010 seeking relief, but the matter remained pending for several years. The court recorded that the application was admitted in 2011 and that the respondents had waived service and some responses were dismissed. Multiple adjournments were granted, with the matter listed for dismissal on several occasions. On each hearing, neither the applicants nor their counsel appeared, either in person or via video conference. Considering the repeated non‑appearance and lack of prosecution, the court exercised its discretion to dismiss the revision application for non‑prosecution.

Issues considered

Whether a civil revision application can be dismissed for non‑prosecution due to the parties' repeated failure to appear before the court?

Subjects

civil revision
non‑prosecution
dismissal
procedural law
failure to appear

Judgment

                                                                 29-CRA-125-2010.doc



       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CIRCUIT BENCH AT KOLHAPUR
                CIVIL APPELLATE JURISDICTION
         CIVIL REVISION APPLICATION NO. 125 OF 2010
Jayaprakash Suryakant Devalekar And Ors.      ...Applicants
        Versus
Satish Ganpat Dali And Ors.                   ...Respondents
 __________________________________________________________
None for the Applicants.
 __________________________________________________________
                            CORAM : ASHWIN D. BHOBE, J.
                             DATE : 24th September, 2026.
P.C. :

1.       This Application is of the year 2010.



2.       The office note dated 15.09.2026, reads as follows :-


           1)        CRA ADMITTED ON 12/01/2011.
           2)        R & P RECEIVED ON 16/06/2017.
           3)        WRIT PUT UP TO LOWER COURT, RECEIVED DULY
                     CERTIFIED.
           4)        RESP. NO. 1 TO 6 WAIVES SERVICE.
           5)        RESP. NO. 8 ABATED & RESP. NO. 7 IS DISMISSED.

3.       On 12.06.2026 the following order was passed :-


           1.        None for the parties.
           2.       Place the matter under the caption for 'Dismissal' on
           19/06/2026.

4.       On 19.06.2026 the following order was passed :-


           1.        None for the Applicants.




Arjun                                 1
                                                                                           29-CRA-125-2010.doc




                                2.         Stand over to 3rd July, 2026 under the caption "For
                                Dismissal".


                      5.      On 19.08.2026, the following order was passed :-


                                1.        This Revision Application is of the year 2010.
                                2.        When the Application was called out, neither the
                                Applicants nor the Advocate for the Applicants was present.
                                3.        None present for the Respondents.
                                4.         To afford an opportunity to the Applicants/Advocate
                                for the Applicants to appear, as a matter of indulgence, list the
                                matter on 24th September 2026 under the caption "For
                                Dismissal".



                      6.      Today, when this Application was called out, neither the

                      Applicants nor the Advocate for the Applicants are present in Court

                      either physically or through VC mode.



                      7.      In view of the aforesaid orders and the absence of the Applicants

                      / Advocate for the Applicants today, this Court is left with no other

                      option but to dismiss this Application for non-prosecution.



                      8.      Civil Revision Application No. 125 of 2010 is dismissed for non-

                      prosecution.



                                                                          (ASHWIN D. BHOBE, J.)
ARJUN
KRISHNA
RODGE
Digitally signed by
ARJUN KRISHNA
RODGE
Date: 2026.09.29
10:24:47 +0530




                      Arjun                                2

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