Bombay High Court
ZAVERA NEIL PHILLIPSversusBRAHMADEV MATASARAN AND ANR
- Decided
- Disposal
- Disposed Off
Holding
The revision application is dismissed for non‑prosecution and the interim relief is vacated.
Summary
The revision application filed by Zavera Neil Phillips sought relief against an order dated 17 April 2026 that set aside a magistrate's decision and declared the respondents in actual possession of disputed premises under Section 145 of the Code of Criminal Procedure. The applicant was served notice by speed post, but failed to appear despite two intimations. The applicant's counsel applied for discharge, and no party attended the proceedings. The court observed that the dispute was between private parties likely to cause a breach of peace and that the notice could not be effectively served. Consequently, the revision application was dismissed for non‑prosecution and any interim relief previously granted was vacated.
Issues considered
- Whether the revision application should be entertained when the applicant fails to appear despite notice
- Whether the order under Section 145 CRPC can be set aside on the basis of non‑prosecution
Legislation cited
- Code of Criminal Procedure — s. 145
Subjects
- revision
- Section 145
- CRPC
- breach of peace
- non‑prosecution
- notice
- ex‑parte orders
- possession of premises
Judgment
14-REVN-471-2008.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
REVISION APPLICATION NO. 471 OF 2008
Zavera Neil Phillips ...Applicant
Versus
NAVNATH
SITARAM Brahmadev Matasaran And Anr. ...Respondents
WAGHMARE
****
Digitally signed by
NAVNATH SITARAM Mr. Rohit Parab i/b Mr. C.G. Gavnekar for the Applicant.
WAGHMARE
Date: 2026.10.09 Ms. M.R. Tidke, APP for the Respondent /State.
19:04:31 +0530
****
CORAM : M.M. SATHAYE, J.
DATE : 09th OCTOBER, 2026
P.C. :
1. On 17.04.2026, the following order was passed:
"1. Learned Counsel for the Applicant has placed on
record a notice sent to the Applicant by speed post with
postal endorsements showing that, twice intimation is
given to the Petitioner by postal authority.
2. Learned Counsel for the Applicant states that
despite such communication and intimation, the
Applicant is not contacting.
3. I have perused the impugned order. Proceedings
are arising out of Section 145 of the Code of Criminal
Procedure (CRPC). Under impugned order, the order
passed by the Magistrate is set aside and the Respondent
has been held to be in actual possession of the disputed
premises.
4. In that view of the matter, issue notice to the
Applicant, returnable on 09.06.2026. Notice to indicate
that if the Applicant does not appear before the Court
despite notice, appropriate ex-parte orders will be
Navnath Waghmare 1
14-REVN-471-2008.doc
passed."
2. The matter is arising out of dispute between private parties
likely to cause breach of peace.
3. Advocate for the Applicant has already applied for seeking
discharge. Nobody is attending the matter. Notice issued to the
Applicant is not getting served.
4. Considering the nature of controversy and the fact that
nobody is not attending the matter, revision application is dismissed for
non-prosecution. Interim / ad-interim relief, if any, stands vacated.
(M.M. SATHAYE, J.)
Navnath Waghmare 2
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