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Bombay High Court

MR. MOHAMMAD MUSTAFA GAFOOR SHAIKHversusMR. RAMESH JAIRAM GUPTA AND ORS

Decided
Disposal
Disposed Off

Holding

The civil revision application is dismissed as the respondent was unserved and deceased, and the interim application is disposed.

Summary

The applicant, Mr. Mohammad Mustafa Gafor Shaikh, filed a civil revision application (No. 365 of 2016) against Mr. Ramesh Jairam Gupta and others. Conditional directions were issued on 20 February 2026, but one of the respondents was unserved and had died. The court directed that the revision application be treated as dismissed on that basis. An interim application (No. 1487 of 2019) was also pending, but the matter was not ready for a final hearing, so no early date could be fixed. Consequently, the interim application was disposed of and the revision application was removed from the daily board.

Issues considered

  • Whether the civil revision application should be dismissed due to the respondent being unserved and deceased

Subjects

  • civil revision
  • procedural dismissal
  • interim application
  • court order

Judgment

                                                                           42-CRA-365-2016.docx


             rrpillai          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIVIL APPELLATE JURISDICTION
                                CIVIL REVISION APPLICATION NO. 365 OF 2016
                                                   WITH
                                   INTERIM APPLICATION NO. 1487 OF 2019

                          Mr. Mohammad Mustafa Gafor Shaikh …              Applicant
                               Vs.
                          Mr. Ramesh Jairam Gupta and Others …             Respondents

                          Ms. Madhura Mulay h/f. Mr. Sandeep Mishra for the
                          Applicant.
                          Mr. Mohit Bhansali for Respondent Nos. 1 and 2.
                                                  CORAM : GAURI GODSE, J.
                                                  DATE :        18th APRIL 2026

                          ORDER :



                          Civil Revision Application No. 365 of 2016

                          1.    Conditional     directions     are   already   issued    on

                          20th February 2026.

                          2.    Office shall therefore verify and and treat the civil

                          revision application as dismissed against the unserved and

                          deceased respondent.


                          Interim Application No. 1487 of 2019


                          3.    Since the civil revision application is not yet ready for
             Digitally
             signed by
             RAJESHWARI
                          final hearing, no directions can be issued for fixing early date
RAJESHWARI   RAMESH
RAMESH       PILLAI
PILLAI       Date:
             2026.04.21
             14:40:55                                    1/2
             +0530
                                               42-CRA-365-2016.docx


of hearing .


4.    The interim application is therefore disposed of.


5.    Remove the civil revision application from the daily

board.




                                          [GAURI GODSE, J.]




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