Bhau Anna Jadhav v. Krishanabai Sadashiv Katare

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.2503 OF 2020 IN SECOND APPEAL ST. NO.20619 OF 2019 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Court's or Judge's orders Registrar's orders CORAM : S.R. AGRAWAL REGISTRAR (JUDL. - II) DATE : 26th March, 2024 None Present.

As per Bailiff's report dated 02/10/2023, notice of Sole Respondent is returned unserved with remark "reported to be dead".

The above numbered Interim Application is listed on the board of Registrar fourth time. Already six weeks time has been granted, however, despite granting six 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 and 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 Rule 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 directions to take steps regarding deceased Sole Respondent without fail. On failure, Interim Application would stand abated against deceased Sole Respondent, without further reference to the Court of Registrar.

sd/- Registrar (Judl. - II) dsm