Bombay High CourtFA/851/2004dismissed for noncomplying conditional order

The State Of Maharashtra v. Gajanan R. Velhal

2023-09-15Shri. S.R. Agrawal, Registrar(Judl Ii)2 pages

FARAD CONTINUATION SHEET NO.

THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 851 OF 2004 --------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's order appearance, Court's Orders or directions and Registrar's orders --------------------------------------------------------------------------------------------------------------- CORAM : SHRI S. R. AGRAWAL REGISTRAR (JUDL -II) DATE : 15/09/2023 None present As per Bailiff's Report dated 23/12/2020, Notice of Sole Respondent is returned unserved with remark "dead on 07/03/2014"

The above numbered First Appeal is listed for third time on the board of Registrar. Already four weeks time was granted. However, despite of granting four weeks time, Advocate for the Appellant has not taken any steps regarding the deceasd 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. 06 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 direction to take steps regarding deceased Sole Respondent without fail. On failure, 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)-15.09.2023