Shanta Govind Khawaskhan v. Shri Shantaram Vasudeo Mantri And ANR.

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.417 OF 2007 Office Notes, Office 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 : 02nd July, 2025 None present.

The record shows that on 31/08/2023 the learned Advocate for the Applicant made statement before the Hon'ble Court that the Sole Applicant has expired and the Application for bringing on record the legal representatives of deceased Sole Applicant will be filed within 02 (two) weeks.

The office remark discloses that the learned Advocate for the Applicant has not filed any application for bringing on record the legal representatives of deceased Sole Applicant since 31/08/2023.

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.

As such, the prescribed time to bring on record the legal representatives of the deceased Sole Applicant, as provided under Rules 1960 has been expired. The matter is lying ideally without any progress due to not taken any steps. However, instead of passing order of abatement outrightly, it would be just and proper to give one opportunity to take appropriate steps for bringing on record the legal representatives of deceased Sole Applicant , if any.

In turn, 02 (two) weeks time is granted with directions to take appropriate steps for bringing legal representatives of the deceased Sole Applicant, without fail. On failure, Civil Revision Application would stand abated against deceased Sole Applicant, without further reference to the court of Registrar.

sd/- Registrar (Judl. - II) apj