The Executive Engineer, Minor Irrigation Division v. Ananta Laxman Thule

FARAD CONTINUATION SHEET NO.

THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 389 OF 2024 IN FIRST APPEAL (STAMP) NO. 30792 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 : 12/08/2024 Adv. Aniket Patil a/w. Adv. Swaraj Patil i/by Jay and Co. present for the Applicant As per Bailiff's Report dated 18/05/2024, Notice of respondent No. 1 is returned unserved with remark "expired"

The above numbered Interim Application is listed for third time on the board of Registrar for taking steps to bring the legal representatives of deceased respondent No. 1 on record. Already four weeks time was granted. However, despite of granting four weeks time, learned Advocate for the Applicant has not taken any steps for bringing the legal representatives of deceased respondent No. 1 on record.

In view of provisions under Chapter VII, Rule 6 (2)of the Bombay High Court, Appellate Side Rules, 1960, 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 deceased respondent No. 1 as 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 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 respondent No. 1, if any .

In turn, three weeks time is granted with direction to take appropriate steps for bringing on record the legal representatives of deceased respondent No. 1, if any on record. On failure, proceeding would stand abated against deceased respondent No. 1 without further reference to the Court of Registrar.

Sd/- REGISTRAR (JUDL-II) sat-R(J-II)-12.08.2024