The State Of Maharashtra v. Sitaram Hari Misal And ORS.

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 1615 OF 2005 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : SHRI S. R. AGRAWAL REGISTRAR (JUDL.II) Date : 01/11/2023.

None present As per Bailiff's Report dt. 28/12/2005 Notice of Respondent No. 1 is returned unserved with remark, "Respondent No. 1 is expired, date of death not mentioned" and Notice issued to Respondent No. 2 returned unserved with Bailiff's remark "Notice affixed with remark not found, hence returned".

The above numbered First Appeal is listed on the board of Registrar for third time. Already 04 weeks time was granted. However, despite of granting 04 weeks time, the Advocate for the Appellant has not taken any steps against unserved Respondent No. 2 and deceased Respondent No. 1 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.

And In view of provisions under Chapter VII, Rule 6 (1) (e), Immediately after the expiry of the period prescribed under the foregoing sub-rule of this rule for taking the requisite steps for the issue of fresh notice or for supplying postal stamps to cover the postal and registration charges, the office shall place before the Registrar all such matters in which steps have not been taken for the issue of fresh notices or the postal stamps to cover the postal and registration charges have not been supplied within the prescribed time, and the Registrar shall dismiss the matter for failure to prosecute :

The prescribed time to bring on record the heirs of the deceased Respondent No. 1 provided under Rules 1960 had been expired. In respect of deceased Respondent No. 1 and unserved Respondent No. 2, four 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 abatement/dismissal outrightly, it would be just and proper to give one opportunity to take steps regarding deceased Respondent No. 1 and unserved Respondent No. 2.

In turn, two weeks time (excluding Diwali Vacation) is granted with directions to take steps against unserved Respondent No. 2 and deceased Respondent Nos. 1 without fail. On failure, the First Appeal would stand dismissed against unserved Respondent No. 2 and abated against deceased Respondent No. 1, without further reference to the Court of Registrar.

Sd/- REGISTRAR (JUDL-II) sat-R(J-II)-01.11.2023