Bombay High Court
ISHRAJIDEVI WD/O BANARSILAL DHURIA (SINCE DECEASED) AND ANR.versusMR. NARAYANBHAI PATEL (DECEASED)THR. LRS.SURESH NARAYAN PATEL
- Decided
- Disposal
- Disposed Off
Holding
The registrar's order is quashed, the delay in filing the interim application is condoned, and the civil revision application is restored to its original stage.
Summary
The applicants filed an interim application seeking restoration of their civil revision petition after failing to furnish a copy of the revision application within the two‑week period ordered by the registrar for issuance of a fresh notice to the respondent. The registrar had dismissed the revision petition for non‑compliance. The court noted that the respondent had previously appeared and then failed to appear, prompting the need for a fresh notice, and that the applicants had privately served the respondent. Considering the procedural lapse and the need to give the applicants a chance to comply, the court quashed the registrar’s order, granted the applicants three weeks to submit the required copy, and restored the civil revision application to its original stage. The interim application was allowed, the delay in filing it was condoned, and the matter was listed for further hearing.
Issues considered
- Whether the registrar's order dismissing the civil revision application for failure to supply a copy within the stipulated time can be quashed.
- Whether the delay in filing the interim application for restoration can be condoned.
- Whether the civil revision application should be restored to its original stage.
Subjects
- civil procedure
- interim application
- notice
- revision petition
- quash order
- condonation of delay
Judgment
Gitalaxmi 64-IA-7056-2026.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 7056 OF 2026
IN
CIVIL REVISION APPLICATION NO. 414 OF 2022
ISHRAJIDEVI WD/O BANARSILAL DHURIA
(SINCE DECEASED) AND ANOTHER ...APPLICANTS
IN THE MATTER BETWEEN :
ISHRAJIDEVI WD/O BANARSILAL DHURIA
(SINCE DECEASED) AND ANOTHER ...APPLICANTS
Versus
NARAYANBHAI PATEL (SINCE DECEASED)
THROUGH LR. SURESH NARAYAN PATEL ...RESPONDENT
Mr. R. R. Tiwari, learned counsel for the Applicants.
None for the Respondent.
CORAM : ARUN R. PEDNEKER, J.
DATE : 11th SEPTEMBER, 2026.
Per Court :
1. Heard learned counsel appearing for the Applicants.
Learned counsel submits that the Applicants failed to supply copy of
present civil revision application within stipulated time of two weeks,
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11th SEPTEMBER, 2026
Gitalaxmi 64-IA-7056-2026.docx
as directed vide order dated 5 th May, 2026 passed by the learned
Registrar (Judicial-II), for issuance of fresh notice to the Respondent.
Consequently, the Civil Revision Application stood dismissed.
2. The Respondent had appeared earlier on 17 th July, 2019 in
the matter in-person, but later on failed to appear and accordingly,
fresh notice was issued to the Respondent.
3. Learned counsel for the Applicants submits that he has also
served the Respondent privately. As there is a Court order to issue
fresh notice, it is obligatory on the Applicants to supply copies for
fresh notice.
4. Considering the facts of the case, the order of learned
Registrar (Judicial-II) dated 5th May, 2026 is quashed. The
Applicants are granted three weeks’ time to supply copies of Civil
Revision Application in the Registry.
5. Considering the reasons given in the Interim Application for
restoration, the Interim Application is allowed, the delay to file said
Interim Application is condoned and Civil Revision Application No.
414 of 2022 is restored to its original stage.
6. Interim Application No. 7056 of 2026 stands disposed of
accordingly. List this matter on 5th October, 2026.
[ ARUN R. PEDNEKER, J. ]
Page 2 of 2
Digitally signed
11th SEPTEMBER, 2026
by GITALAXMI
GITALAXMI KRISHNA
KRISHNA KOTAWADEKAR
KOTAWADEKAR Date:
2026.09.18
20:11:19 +0530
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