The State Of Maharashtra (Thr. The Special Land Acquisition Officer No.1), Nashik And ANR. v. Dadaji Tanaji Pawar

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Interim Application No. 4035 of 2021 a/w Interim Application No. 4034 of 2021 in First Appeal (st) No. 9477 of 2021.

Ofoce Notes, Ofoce Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : S. R. AGRAWAL REGISTRAR (JUDL.II) Date : 28/02/2024.

Adv. Kiran Shinde, AGP present for Applicant.

As per Bailiff's Report dated 10/10/2023, notice of sole Respondent is returned unserved with remark "dead on 22/10/2022"

The above numbered interim applications are listed on the board of Registrar for third time. Already four weeks time was granted. However, despite of granting four weeks time, Advocate for the Appellant has not taken any steps regarding the deceased sole respondent till date.

Here reference to Chapter VII Rule 6 Sub rule 1 & 2 of the Bombay High Court, Appellate Side Rules, 1960 [for short "Rules"] may be conveniently made. It states about Processes, Process fees, Printing charges, Security for costs and other procedure after admission etc. In view of provisions under Chapter VII, Rule 6 (2), in cases where 90 days have elapsed from the reported death of any of the parties to the appeal and no action has been taken by the appellant to bring the heirs of the deceased party on record the matter shall be

placed before the Registrar for orders regarding the abatement of the appeal as against the deceased party as soon as possible.

The prescribed time to bring on record the heirs of the deceased sole respondent provided under Rules 1960 has been expired. 04 weeks time was granted, but all in vain. The matter is lying ideally without any progress due to not taken any steps. However, instead of passing order of dismissal outrightly, it would be just and proper to give one opportunity to take steps regarding deceased sole respondent.

In turn, two weeks time is granted with directions to take steps regarding deceased sole respondent without fail. On failure, both interim applications as well as First Appeal would stand abated against deceased sole respondent, without further reference to the Court of Registrar.

Sd/- REGISTRAR (JUDL-II) sat-R(J-II)-28.02.2024