Bombay High Court

B. R. VETALversusHABIB HUSEIN KARMALI PATEL

Decided: 9 October 2026
Disposal: Dissmiss For Default/Non-Prosecution

Holding

A civil revision application that is not prosecuted, i.e., where the applicant fails to appear, must be dismissed.

Summary

The applicant, Swapnil B. R. Vetal, filed a civil revision application (No. 134 of 2020) before the High Court of Bombay. No counsel appeared on behalf of the applicant on the scheduled hearing date, leading the court to adjourn the matter for dismissal. The applicant again failed to appear on the subsequent date. The court observed that the application had not been prosecuted. Consequently, the court dismissed the civil revision application for non‑prosecution.

Issues considered

Whether a civil revision application may be dismissed for non‑prosecution when the applicant fails to appear before the court?

Subjects

civil revision
non‑prosecution
dismissal
procedural default
court appearance

Judgment

2026:BHC-AS:41058

                                                                     5-CRA-134-2020.docx


                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              CIVIL APPELLATE JURISDICTION
                     CIVIL REVISION APPLICATION NO. 134 OF 2020
   Swapnil
               B. R. Vetal.                                          …Applicant
                    Vs.
               Habib Husein Karmali Patel.                           …Respondent

               None for the applicant.
               Ms. Amisha Lolusare i/b. Mr. Pradeep Thorat for the
               respondent.

                                          CORAM : GAURI GODSE, J.

                                          DATE :       9th OCTOBER 2026

               ORDER :


               1.    Since none had appeared for the applicant on the last

               date, the application was adjourned for dismissal. Even today

               none appears for the applicant.


               2.    The      civil   revision   application    is   dismissed     for

               non-prosecution.




                                                               [GAURI GODSE, J.]




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