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Bombay High Court

DILIP PURUSHOTTAM THAKKARversusALKA NIRVRUTI TAWARE AND ANR

Decided
Disposal
Disposed Off

Holding

The court disposed of both revision applications, holding that the death of a respondent extinguishes the relief sought in application 399 and that no further order is required for application 400 pending the adjournment.

Summary

Dilip Purushottam Thakkar filed two criminal revision applications (Nos. 399 and 400 of 2012) against respondents Nivruti B. Taware and others. No counsel appeared for the applicant in either proceeding. In application 399, counsel for respondent No.1, Alka Nivruti Taware, produced a death certificate showing that she had died on 5 December 2023, leading the court to hold that nothing survives in the revision and to dispose of it. In application 400, the same counsel sought an adjournment to obtain further instructions and the matter was stood over to 24 April 2026, with no applicant present. The court therefore disposed of both revision applications without granting any relief to the applicant.

Issues considered

  • The effect of a respondent's death on a pending criminal revision application.
  • The propriety of granting an adjournment in a criminal revision where the applicant is absent.

Subjects

  • criminal revision
  • death of party
  • adjournment
  • procedural disposal
  • high court

Judgment

                          Mamta Kale                                                                      65-revn-400-2012.docx


                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 CRIMINAL APPELLATE JURISDICTION

                                       Criminal Revision Application No. 400 of 2012
                      Dilip Purushottam Thakkar                                                           … Applicant
                           versus
                      Nivruti B Taware and Anr.                                                           … Respondents
                                                                       with
                                       Criminal Revision Application No. 399 of 2012
                      Dilip Purushottam Thakkar                                                           … Applicant
                           versus
   MAMTA
   AMAR
   KALE
Digitally signed by
MAMTA AMAR KALE
                      Alka Nivruti Taware and Anr.                                                        … Respondents
Date: 2026.03.04



                                                    ----
17:54:18 +0530




                      None for the Applicant in both revision applications.
                      Mr Harshal Mule, for the Respondent No.1 in both
                      applications.
                      Mr M S Sonavane, APP, for the Respondent / State.
                                                    ----
                                                           Coram: R.N. Laddha, J.
                                                                                               Date: 4 March 2026
                      P.C.:

                                       Criminal Revision Application No. 399 of 2012
                      .       None present for the applicant.
                      2.      Mr Harshal Mule, the learned Counsel appearing on
                      behalf of respondent No.1 - Alka Nivruti Taware, apprises the
                      Court that respondent No.1 has expired on 5 December 2023.
                      He also tenders a copy of the death certificate, which is taken
                      on record and marked ‘X’ for identification. In view of the
                                                                  Page 1 of 2
                                                     __________________________________________________

                                                              4 March 2026
    Mamta Kale                                                                       65-revn-400-2012.docx


above, nothing survives in revision application No.399 of 2012
and the same stands disposed of.

                 Criminal Revision Application No. 400 of 2012
.       None present for the applicant.
2.      The learned Counsel appearing on behalf of respondent
No.1 also seeks an adjournment to obtain instructions.
3.      Stand over to 24 April 2026.


                                                                                    (R.N. Laddha, J.)




                                            Page 2 of 2
                               __________________________________________________

                                        4 March 2026


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