Bombay High Court
SMT. PARVATIBAI GAJANAN DALVI, DECEASED THROUGH VIJAY GAJANAN DALVI AND OTHERSversusRAPHIQ HANIPH ATTAR AND OTHER
- Disposal
- Disposed Off
Holding
The revision application is dismissed for non‑prosecution due to the absence of the applicants and their counsel.
Summary
The petitioners filed a Civil Revision Application No. 677 of 2009, which had been pending for several years with an interim order favoring them. The court, after cautioning the parties, scheduled the matter for disposal on 21 September 2026, granting a final opportunity to appear. Neither the petitioners nor their counsel, Mr. S. S. Kanetkar, attended the hearing, either in person or via video conference. Considering the prolonged pendency and the absence of the parties, the court exercised its discretion to dismiss the revision for non‑prosecution. The dismissal was ordered without any substantive hearing on the merits.
Issues considered
- What is the appropriate course of action when a civil revision application remains pending for an extended period and the parties fail to appear for the scheduled hearing?
Subjects
- civil procedure
- non‑prosecution
- revision application
- dismissal
- court discretion
- absence of parties
Judgment
2-CRA-677-2009 (C).docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
CIVIL REVISION APPLICATION NO. 677 OF 2009
Smt. Parvatibai Gajanan Dalvi, …...Applicants
(Since Deceased) Through LRs
1A) Vijay Gajanan Dalvi & Ors.
Versus
Raphiq Haniph Attar & Anr. …...Respondents
——————
None for Applicants.
None for Respondents.
——————
Coram : ASHWIN D. BHOBE, J.
Date : 21st September 2026.
PER COURT :
1. This Civil Revision Application is at Serial No.2 on the ‘Daily Cause
List’, under the caption ‘For Dismissal’.
2. On 10th September 2026, the following order was passed :
“1. Today, the matter is listed at Serial No. 12 on the Daily
Cause List under the caption "For Dismissal".
2. On 4th September 2026, a detailed order was passed and the
matter was ordered to be listed under the caption "For
Dismissal" as a caution to the parties. Despite, the said
caution and the matter being listed under the caption "For
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2-CRA-677-2009 (C).docx
Dismissal", neither the Applicant nor the Advocate for the
Applicant were present, either physically or through V.C.
mode.
3. In the interest of justice, considering that this Application is
pending since the year 2009 and that an interim order is
operating in favour of the Applicant, one opportunity is
being granted to the Applicant.
4. As a matter of indulgence and by way of last opportunity to
the Applicant/Advocate for the Applicant, this Application is
ordered to be listed on 21st September, 2026 under the
caption "For Disposal".”
3. Today, the names of the Applicants and the Advocate on Record (Mr. S.
S. Kanetkar), were called out by the Sheristadar. None present in Court,
either physically or through V.C. mode.
4. In view of the absence of the Advocate for the Applicants / Applicants,
coupled with the observations in the order dated 4 th September 2026 and 10th
September 2026, this Court has no alternative but to dismiss this Revision
Application for non-prosecution.
5. Civil Revision Application No. 677 of 2009 is dismissed for non-
prosecution.
Digitally signed
by OMKAR
OMKAR SHIVAHAR
SHIVAHAR KUMBHAKARN [ ASHWIN D. BHOBE, J. ]
KUMBHAKARN Date:
2026.09.21
20:41:45 +0530
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