SHIVKUMAR HARIDASMAL MOHNANIversusGOVIND BHAGIRATH SARDA

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                                                                   59-CRA-194-2011 (C).DOC


                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                CIRCUIT BENCH AT KOLHAPUR
                                CIVIL APPELLATE JURISDICTION

                          CIVIL REVISION APPLICATION NO. 194 OF 2011

         Shivkumar Haridasmal Mohnani                                  …...Applicant
               VERSUS
         Govind Bhagirath Sarda                                       …...Respondent


         _________________________________________________________________


         Mr. Akshay Kulkarni i/b Adv. Ashutosh M. Kulkarni, for Respondent.
         _________________________________________________________________


                               CORAM       :   ASHWIN D. BHOBE, J.
                               DATE        :   17th AUGUST, 2026.
         P.C.

         1.            By the present Civil Revision Application, the Applicant has

         sought for the following substantial relief in terms of prayer clause (A):

              “(A) That this Honorable Court be pleased to set-aside the
                     Judgment, Decree and Order dated 31 st August, 2009 pass by
                     the Ld. District Judge-2, Sangli in Regular Civil Application
                     No.193/2001.”
         2.            The present Civil Revision Application was admitted on 16 th

         December, 20211.

         3.            On 12th June, 2026, the following order was passed:-

                       “1. None for the applicant.
                       2. Place the matter under the caption for ‘Dismissal’ on
                          30/06/2026.”
         4.            On 30th June, 2026, the following order was passed:-




Shantanu S. Dhudum
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                                                                  59-CRA-194-2011 (C).DOC


                     “1. Mr. Akshay Kulkarni, learned counsel appearing for
                       the respondent, submits that after the matter was
                       transferred to the High Court of Judicature at
                       Bombay, Circuit Bench at Kolhapur, none has
                       appeared on behalf of the applicant.
                     2. Hence, issue fresh notice to the applicant at the
                       address furnished in the application, returnable on
                       27th July 2026.
                     3. In addition to the Court notice, the respondent shall
                       serve the applicant by private service and file an
                       Affidavit of Service before the returnable date.”
         5.          The Office Note dated 21st July, 2026 reads thus:-

                         “Note:-
                         1) CRA is Admitted on16/12/2011.
                         2) R & P received without paperbook.
                         3) Learned counsel appearing for the Respondent
                            waives service.
                         4) As per Court’s order Dated 30/06/2026 fresh
                            notice issued to sole Applicant received unserved
                            with bailiff remark dated 10/07/2026 as remarks
                            “Dead On 09/05/2013”.”
         6.          Mr. Akshay Kulkarni, learned Advocate for the Respondent, by

         referring to the Office Note dated 21 st July, 2026, which is also reflected in

         the remarks column of today’s “Daily Cause List”, submits that Shivkumar

         Haridasmal Mohnani was the sole Applicant in the present Civil Revision

         Application. He submits that the present Civil Revision Application has

         been filed challenging two concurrent orders passed by the Trial Court as

         well as the Appellate Court. He further submits that, in view of the death



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                                                                          59-CRA-194-2011 (C).DOC


                 of the sole Applicant on 9th May, 2013 and no steps having been taken since

                 the year 2013, the present Civil Revision Application stands abated. He,

                 therefore, request for dismissal of the same.

                 7.         In view of the submissions made by Mr. Akshay Kulkarni, learned

                 Advocate for the Respondent, and the Office Note dated 21 st July, 2026,

                 this Civil Revision Application stands abated. Consequentially, Civil

                 Revision Application No.194 of 2011 is dismissed as abated.




                                                                 ( ASHWIN D. BHOBE, J.)
            Digitally
            signed by
            SHANTANU
SHANTANU    SHANKARSA
SHANKARSA   DHUDUM
DHUDUM      Date:
            2026.08.18
            20:31:44
            +0530




       Shantanu S. Dhudum