Shri. Santosh Yashwant Patil v. Smt. Radhabai Vitthal Patil (Since Deceased Thr.Lrs) Shri. Vishram Vitthal Patil And ORS
FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.30735 OF 2022 IN SECOND APPEAL ST. NO.15281 OF 2022 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 : 10th August, 2023 None Present.
The above numbered Interim Application is listed on the board of Registrar third time. Already four weeks time has been granted, however, despite granting four weeks time, the Advocate for the Appellant has neither supplied copies for issuing Notices nor filed Affidavit of Service.
Here reference to Chapter VII 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 2(iii), matters to be dismissed for nonprosecution in case of default of payment of
process fees and failure to supply copies - immediately after the expiry of the time prescribed in the forgoing sub-rules of this rule for the supply of copies, the office shall place before the Registrar all such matters in which the process fees have not been paid and/or the copies have not been supplied within the prescribed time, and the Registrar shall dismiss all such matters for failure to prosecute :
The prescribed time to supply copies 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 supply the necessary copies.
In turn, two weeks time is granted with directions to supply the necessary copies and file Affidavit of Service. On failure, Interim Application would stand dismissed against unserved Respondents, without further reference to the Court of Registrar.
sd/- Registrar (Judl. - II) dsm