The Executive Engineer, Nira Deoghar Irrigation Project, Pune v. Babu Bapu More(Deceased)Thr Lrs. 1.1) Gulab Babu More And ORS.

FARAD CONTINUATION SHEET NO.

THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 262 OF 2024 ALONGWITH INTERIM APPLICATION NO. 263 OF 2024 IN FIRST APPEAL (STAMP) NO. 34752 OF 2023 --------------------------------------------------------------------------------------------------------------- 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 : 15/01/2025 Adv. Shraddha Pawar i/by Adv. V.B. Tapkir present for the Applicant The notices issued to respondent Nos. 1b, 2 and 4a to 4c are returned unserved.

Therefore, the above numbered Interim Applications are listed on the board of registrar for second time for taking steps for service of notices upon unserved respondent Nos. 1b, 2 and 4a to 4c. However, learned advocate for applicant has neither taken any steps nor supplied proper and correct addresses of respondent Nos. 1b, 2 and 4a to 4c.

(1) (e) of the Bombay High Court, Appellate Side Rules, 1960, Immediately after the expiry of the period prescribed under the foregoing sub-rule of this rule for taking the requisite steps for the issue of fresh notice or or supplying postal stamps to cover the postal and registration charges, the office shall place before the Registrar all such matters in which steps have not been taken for the issue of fresh notices or the postal stamps

to cover the postal and registration charges have not been supplied within the prescribed time, and the Registrar shall dismiss the matter for failure to prosecute.:

As such, the prescribed time to take steps for service of notices upon unserved respondent Nos. 1b, 2 and 4a to 4c as provided under Rule 1960 has been expired. 02 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 more opportunity to take steps for service of notices upon unserved respondent Nos. 1b, 2 and 4a to 4c. In turn, learned advocate for the appellant is directed to take appropriate steps for service of notices upon unserved respondent Nos. 1b, 2 and 4a to 4c within 02 weeks without fail. On failure, Interim Applications would stand dismissed against unserved respondent Nos. 1b, 2 and 4a to 4c without further reference to the Court of Registrar.

REGISTRAR (JUDL-II)