Bombay High Court
SHRI. RAJENDRA KHETAMAL JAINversusSMT. MANISHA MANOHAR DALI and ORS
- Disposal
- Disposed Off
Holding
The civil revision application was dismissed for non‑prosecution.
Summary
Shri Rajendra Khetamal Jain filed a civil revision seeking to quash a 2011 judgment, confirm a decree, and obtain possession of premises. The High Court scheduled the matter for dismissal, but the applicant and his advocates failed to appear when the case was called. The court, noting the absence of the applicant and counsel, exercised its power to dismiss the revision for non‑prosecution. No substantive merits of the claims were considered. The order formally dismissed Civil Revision Application No.58 of 2012.
Issues considered
- Whether a civil revision application can be dismissed for non‑prosecution due to the applicant's and counsel's failure to appear
Subjects
- civil revision
- non‑prosecution
- dismissal
- procedural default
- court jurisdiction
Judgment
Digitally
signed by
LAXMIKANT
LAXMIKANT GOPAL
GOPAL CHANDAN (905) CRA-58.12.DOCX
CHANDAN Date:
2026.08.21
09:52:41
+0530 lgc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
CIVIL REVISION APPLICATION NO.58 OF 2012
Shri. Rajendra Khetamal Jain : Applicant
Versus
Smt. Manisha Manohar Dali And Ors : Respondents.
______________________________________________________
None for the Applicant.
______________________________________________________
CORAM : ASHWIN D. BHOBE, J.
DATED : 20 AUGUST 2026
PC:-
1. This Civil Revision Application is listed at Sr. No.905 on
today’s Supplementary Board under the caption “For Dismissal”.
2. On 17 August 2026 the following order was made :-
“1. By the present Civil Revision Application, the Applicant
has sought the following substantial relief in terms of
prayer clauses (a), (b) and (c) :-
"a) this Hon'ble Court be pleased to quash and
set aside the Judgment and order dated 11-02-
2011 passed by the Principal District Judge,
Ratnagiri in Civil Appeal No.41 of 2010;
b) this Hon'ble Court be pleased to confirm the
decree passed by the IInd Joint Civil Judge,
Junior Division, Ratnagiri in Regular Civil Suit
No.64 of 2007 with certain modifications;
c) this Hon'ble Court be pleased to direct
Respondent Nos. 1 to 3 to hand over vacant
and peaceful possession of the suit premises to
the Applicant;"
2. On 12th June, 2026, the following order was made:
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(905) CRA-58.12.DOCX
"1. None for the parties.
2. Place the matter under the caption for
'Dismissal' on 10/07/2026."
3. When this application was called out, the names of the
Applicant 3. as well as the Advocate-on-record (Mr. Manoj
Gavankar and Mr. Arfan Sait) are called out by the Court
Sheristedar, none appears.
4. In the interest of justice and to afford one more
opportunity to the Applicant/Advocate for the Applicant to
appears and argue the case, list this matter on 20th
August, 2026, under the caption "For Dismissal".
3. When this Civil Revision Application was called out, the
name of the Applicant and the names of the Advocate on record
Mr. Arfan Sait, Advocate Manoj Gavankar (whose name is reflected
in the order dated 05 July 2017 and order dated 17 August 2017)
and Mr. Manas Gawankar (whose name is reflected in the order
dated 30 October 2017 ) were called out by the Court Sheristedar.
None appears for the Applicant.
4. In view of the order dated 17 August 2026 and for the
absence of the Applicant and/or Advocate for the Applicant on
record, this Court is left with no option but to dismiss this Civil
Revision Application for non prosecution.
5. Civil Revision Application No.58 of 2012 is dismissed for
non-prosecution.
(ASHWIN D. BHOBE, J.)
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