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2026 DAILYLAW 9524 (BOM)

SHANKAR KONDO KALEKAR AND OTHERS v. SUKHADEO RAGHUNATH SINGI

CRA/135/2007 · 2026-09-21

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Judgment text

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1-CRA-135-2007 (C).docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO. 135 OF 2007 Shankar Kondo Kalekar & Others …...Applicants Versus Sukhadeo Raghunath Singi (Since Deceased) Through LRs Smt. Saroj Dipak Singhi …...Respondent —————— None for Applicants. Ms. Vaishnavi Shelar i/b. Ms. Shruti Tulpule for Respondent. —————— Coram : ASHWIN D. BHOBE, J. Date : 21st September 2026. PER COURT : 1. This matter is listed at Serial No. 1 under the caption “For Disposal”. 2. On 16th September 2026, the following order was passed : “1. None present for the Applicant. 2. Heard Mr. Pradeep Salgar, learned Advocate for the Respondent. 3. On 17th August 2026, the following order was passed : “1. When this application was called out, neither the Applicants nor the Advocate for the Applicants were osk 1 of 3 1-CRA-135-2007 (C).docx present, either physically or through V.C. mode. 2. None appears for the Respondent. 3. This Application is of the year 2007. To afford an opportunity for the Applicants/Advocate for the Applicants and the Advocate for the Respondent to appear and argue the case, list the present Civil Revision Application on 16th September, 2026 under the caption "For Dismissal".” 4. Today, again, neither the Applicants nor the Advocate for the Applicants are present, either physically or through VC mode. 5. Mr. Pradeep Salgar, learned Advocate for the Respondent, states that some of the Applicants have expired, as a result of which this Application stands abated. He therefore insists for dismissal of this Application on two counts, viz., (i) non- appearance of the Applicants and (ii) on the ground of abatement. 6. Despite the order dated 17th August 2026, I deem it fit and proper to afford one more opportunity to the Applicants / Advocate for the Applicants to appear, list on 21st September 2026, under the caption “For Disposal”.” 3. Today, when this matter was called out, neither the Applicants nor the Advocate for the Applicants are present either physically or through V.C. mode. The names of the Applicants and the Advocate on Record ( Adv. N. P. Shimpi), were called out by the Sheristadar. None appears. 4. Ms. Vaishnavi Shelar, learned Advocates for the Respondent, by referring to the order dated 16th September 2026, insists for dismissal of this osk 2 of 3 1-CRA-135-2007 (C).docx Application, as prejudice is caused to the Respondent due to the casual approach of the Applicants in not appearing before this Court. 5. In view of the absence of the Advocate for the Applicants / Applicants and the statements made by Ms. Vaishnavi Shelar, learned Advocates for the Respondent, coupled with the observations in the order dated 16th September 2026, this Court has no alternative but to accept the request made by Ms. Vaishnavi Shelar, learned Advocates for the Respondent. 6. In view of the above, Civil Revision Application No. 135 of 2007 is dismissed for non-prosecution. [ ASHWIN D. BHOBE, J. ] osk 3 of 3 OMKAR SHIVAHAR KUMBHAKARN Digitally signed by OMKAR SHIVAHAR KUMBHAKARN Date: 2026.09.21 20:40:53 +0530