Bombay High Court

SOU CHHAYA ASHOK KHEWOOR AND ORSversusRAJIV RAJARAM CHAWANDE AND ANR

Decided: 23 September 2026
Disposal: Dismissed

Holding

A civil revision application must be dismissed if the applicant's counsel lacks instructions to prosecute it.

Summary

The applicants, Swapnil Chhaya Ashok Khewoor and others, filed a civil revision application (No. 129 of 2020) before the High Court of Bombay challenging a decree. The applicants' counsel, Mr. Muralidharan Kalathil, appeared before the Court and informed that he had received no instructions from the applicants to pursue the revision. Consequently, the Court was asked to consider whether the revision should proceed in the absence of any direction from the parties. The Court held that a civil revision cannot be pursued without the active instruction of the parties. Accordingly, the revision application was dismissed for non‑prosecution.

Issues considered

What is the appropriate course of action when the applicant's counsel has no instructions to proceed with a civil revision application?

Subjects

civil revision
non‑prosecution
procedural law
court order

Judgment

2026:BHC-AS:38906

                                                                    35-CRA-129-2020.docx


                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             CIVIL APPELLATE JURISDICTION
                       CIVIL REVISION APPLICATION NO. 129 OF 2020
   Swapnil
               Chhaya Ashok Khewoor and Ors.                        …Applicants
                    Vs.
               Rajiv Rajaram Chawande and Anr.                      …Respondents


               Mr. Muralidharan Kalathil i/b. Mr. P. G. Lad for the applicants.
               Adv. Pavitra Manesh i/b. Mr. M. S. Topkar for respondent
               no.1.

                                         CORAM : GAURI GODSE, J.

                                         DATE :       23rd SEPTEMBER 2026

               ORDER :


               1.      Learned counsel for the applicant submits that he has

               no instructions to proceed with the civil revision application.


               2.      The   civil   revision   application    is   dismissed     for

               non-prosecution.




                                                              [GAURI GODSE, J.]




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