Smt.Narvadabai Vishnu Warungse v. Shri. Pandurang Shankar Avhad

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.125 OF 2024 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : DR. M. S. DESHPANDE REGISTRAR (JUDL. - II) DATE : 1st April, 2026 None present.

The Second Appeal is admitted on 09/09/2024. However, the Hon'ble Court vide order dated 09/09/2024 directed the Appellant to file private paper book within one

(01) year. However, the Appellant or his learned Advocate have not filed private paper book. Therefore, matter was listed on board of Registrar on 16/03/2026. Thereupon, the Appellant was directed to file private paper book, as per the order of Hon'ble Court. Since, 09/09/2024, the Appellant got ample time and opportunity to file the private paper book. However, the Appellant failed to do so.

In view of provisions under Chapter VII, Rule 10(iii), the Advocates/Parties are expected to supply to the office for the use of the Court two copies of the typed paper book containing the papers specified in Sub-rule (i) within 02 months of the order directing notice to issue or the order of the Court to the contrary.

Rule 10(vi) further provides that, immediately after the expiry of the period prescribed under Sub-rules (iii) and (iv) above for the supply of paper books, the office shall place before the Registrar all such matters if the paper books and the title sheets have not been supplied within the prescribed time, and the Registrar shall dismiss all such matters for failure to prosecute.

The prescribed time to file the paper book as provided under Bombay High Court, Appellate Side Rules, 1960 has been expired.

Two (02) weeks time was granted, however, all in vain. The matter is lying ideally without any progress due to non supply of paper book. In the back drop, instead of passing order of dismissal outrightly, it would be just and proper to give one more opportunity to file the paper book.

In turn, four (04) weeks time is granted with directions to file the private paper book without fail. On failure, Second Appeal and pending Civil Application/Interim Application, if any, would stand dismissed without further reference to the Court of Registrar. No further extension will be granted.

sd/- umk Registrar (Judl. - II)