Bombay High Court
SHRI PRASANNAN K. R.versusINDIRARANI UGRASEN
- Decided
- Disposal
- DISMISSED FOR NON-PROSECUTION/DEFAULT AT FINAL HEARING STAGE
Holding
The court restored the civil revision application to its original stage.
Summary
The applicants filed a civil revision application which was dismissed because their counsel had died and no other counsel appeared with proper instructions. The applicants then filed an interim application seeking restoration of the dismissed revision proceeding. The court examined the circumstances, noting the lack of representation was due to the counsel's death and the subsequent appearance of an uninstructed advocate. It ordered that the civil revision application and the related interim application be restored to their original stage. The interim application for restoration was thereafter disposed, and the matter was listed for further hearing on 28 August 2026.
Issues considered
- Whether a civil revision application dismissed for lack of representation can be restored
- Whether the court has jurisdiction to restore proceedings dismissed on procedural grounds
Subjects
- restoration of dismissed proceedings
- civil revision
- interim application
- procedural representation
- court jurisdiction
Judgment
Gitalaxmi 14-IA-209-2025.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 209 OF 2025
IN
CIVIL REVISION APPLICATION NO. 137 OF 2024
SHRI. PRASANNAN K. R. AND ANOTHER ...APPLICANTS
Versus
INDIRARANI UGRASEN AND OTHERS ...RESPONDENTS
Mr. B. K. Pandey, Advocate for the Applicants.
Mr. Laxmikant Patil i/b Mr. Anilkumar Patil, Advocate for the
Respondents.
CORAM : ARUN R. PEDNEKER, J.
DATE : 14th AUGUST, 2026.
Per Court :
1. Heard learned counsel appearing for the parties.
2. Learned counsel for the Applicants points out that the
Advocate on record for the Applicants was hospitalized and expired
on 19th July, 2024. Thereafter the matter was attended by another
Advocate, who did not have instructions. Thereafter as none had
appeared on behalf of the Applicants, by order dated 21st November,
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Gitalaxmi 14-IA-209-2025.docx
2024, Civil Revision Application No. 137 of 2024 came to be
dismissed.
3. Considering the reasons given in the present Interim
Application No. 209 of 2025 for restoration, Civil Revision
Application No. 137 of 2024 along with Interim Application No. 6370
of 2024 stand restored to its original stage.
4. Interim Application No. 209 of 2025 of restoration stands
disposed of accordingly.
5. List this matter for further consideration on 28th August,
2026.
[ ARUN R. PEDNEKER, J.]
Digitally signed
by GITALAXMI
GITALAXMI KRISHNA
KRISHNA KOTAWADEKAR
KOTAWADEKAR Date:
2026.08.18
14:59:47 +0530
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14 AUGUST, 2026
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