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2026 DAILYLAW 9096 (BOM)

ISHRAJIDEVI WD/O BANARSILAL DHURIA (SINCE DECEASED) AND ANR. v. MR. NARAYANBHAI PATEL (DECEASED)THR. LRS.SURESH NARAYAN PATEL

IA/7056/2026 · 2026-09-11

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Judgment text

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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, 11th SEPTEMBER, 2026 Gitalaxmi 64-IA-7056-2026.docx as directed vide order dated 5th 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 17th 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. ] 11th SEPTEMBER, 2026 GITALAXMI KRISHNA KOTAWADEKAR Digitally signed by GITALAXMI KRISHNA KOTAWADEKAR Date: 2026.09.18 20:11:19 +0530