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2011 DAILYLAW 1677 (BOM)

SHIVKUMAR HARIDASMAL MOHNANI v. GOVIND BHAGIRATH SARDA

CRA/194/2011 · 2026-08-17

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1 59-CRA-194-2011 (C).DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO. 194 OF 2011 Shivkumar Haridasmal Mohnani …...Applicant VERSUS Govind Bhagirath Sarda …...Respondent _________________________________________________________________ Mr. Akshay Kulkarni i/b Adv. Ashutosh M. Kulkarni, for Respondent. _________________________________________________________________ CORAM : ASHWIN D. BHOBE, J. DATE : 17th AUGUST, 2026. P.C. 1. By the present Civil Revision Application, the Applicant has sought for the following substantial relief in terms of prayer clause (A): “(A) That this Honorable Court be pleased to set-aside the Judgment, Decree and Order dated 31st August, 2009 pass by the Ld. District Judge-2, Sangli in Regular Civil Application No.193/2001.” 2. The present Civil Revision Application was admitted on 16th December, 20211. 3. On 12th June, 2026, the following order was passed:- “1. None for the applicant. 2. Place the matter under the caption for ‘Dismissal’ on 30/06/2026.” 4. On 30th June, 2026, the following order was passed:- Shantanu S. Dhudum 2 59-CRA-194-2011 (C).DOC “1. Mr. Akshay Kulkarni, learned counsel appearing for the respondent, submits that after the matter was transferred to the High Court of Judicature at Bombay, Circuit Bench at Kolhapur, none has appeared on behalf of the applicant. 2. Hence, issue fresh notice to the applicant at the address furnished in the application, returnable on 27th July 2026. 3. In addition to the Court notice, the respondent shall serve the applicant by private service and file an Affidavit of Service before the returnable date.” 5. The Office Note dated 21st July, 2026 reads thus:- “Note:- 1) CRA is Admitted on16/12/2011. 2) R & P received without paperbook. 3) Learned counsel appearing for the Respondent waives service. 4) As per Court’s order Dated 30/06/2026 fresh notice issued to sole Applicant received unserved with bailiff remark dated 10/07/2026 as remarks “Dead On 09/05/2013”.” 6. Mr. Akshay Kulkarni, learned Advocate for the Respondent, by referring to the Office Note dated 21st July, 2026, which is also reflected in the remarks column of today’s “Daily Cause List”, submits that Shivkumar Haridasmal Mohnani was the sole Applicant in the present Civil Revision Application. He submits that the present Civil Revision Application has been filed challenging two concurrent orders passed by the Trial Court as well as the Appellate Court. He further submits that, in view of the death Shantanu S. Dhudum 3 59-CRA-194-2011 (C).DOC of the sole Applicant on 9th May, 2013 and no steps having been taken since the year 2013, the present Civil Revision Application stands abated. He, therefore, request for dismissal of the same. 7. In view of the submissions made by Mr. Akshay Kulkarni, learned Advocate for the Respondent, and the Office Note dated 21st July, 2026, this Civil Revision Application stands abated. Consequentially, Civil Revision Application No.194 of 2011 is dismissed as abated. ( ASHWIN D. BHOBE, J.) Shantanu S. Dhudum SHANTANU SHANKARSA DHUDUM Digitally signed by SHANTANU SHANKARSA DHUDUM Date: 2026.08.18 20:31:44 +0530