Shri. Giridhar Shettigar v. Mrs. Vimla G. Shettigar

Digitally signed by RUSHIKESH VISHNU PATIL Date:

2025.06.19 11:27:16 +0530 RUSHIKESH VISHNU PATIL 47 IA.202.2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 202 OF 2025 IN CIVIL REVISION APPLICATION NO. 230 OF 2019 Giridhar Shettigar ...Applicant

Versus

Vimla G. Shettigar

...Respondent

Mr. Jayendra D. Khairnar for the Applicant.

CORAM: MANJUSHA DESHPANDE, J.

DATE : 11th JUNE 2025 P.C.:

1.

By way of this Interim Application, the Applicant seeks a direction to recall the Order dated 29th November 2024 passed in Civil Revision Application No.230 of 2019. When the matter was listed on 29th November 2024, nobody appeared on behalf of the Applicant and, therefore, the Civil Revision Application was dismissed for want of prosecution.

2.

In view of the dismissal of the Civil Revision Application, the present Interim Application is filed by the Applicant, contending that the Advocate appearing for the Applicant in the Civil Revision Application could not keep track of the matter due to being an elderly person aged about 69 years. Since Covid-19, he has had insufficient work, and he has been avoiding long travel; hence, he was not present before this Court. He was unaware of the order 11th June 2025 R.V.Patil

47 IA.202.2025.doc passed by this Court on 22nd November 2024, directing to list the matter under the caption "for dismissal" on 29th November 2024. According to him, the matter was dismissed on 29th November 2024 due to the inadvertence and negligence of the Applicant's Advocate.

3.

It is the contention of the learned counsel for the Applicant that the Applicant should not suffer due to the inadvertence and negligence on the part of the Advocate, regarding the Order dated 29th November 2024. It is further contended that he came to know about the dismissal of the Application on 09th December 2024, and immediately he filed the present Interim Application for restoration of the Civil Revision Application; hence, there is no delay.

4.

For the reasons stated in the Application, I am satisfied that there are reasonable grounds for recalling the order. Accordingly, the Order dated 29th November 2024, passed in Civil Revision Application No. 230 of 2019, is recalled. Let the Civil Revision Application be restored to its file.

5.

Interim Application is accordingly disposed of. [MANJUSHA DESHPANDE, J.] 11th June 2025 R.V.Patil