Smt. Swati Sunil Khuspe And ORS. v. Sandip Gayandev Yadav And ORS.

FARAD CONTINUATION SHEET NO.

THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 9377 OF 2024 IN FIRST APPEAL (ST) NO. 14969 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 : 12/03/2025 Adv. Sumit Sonare i/by Adv. Prathmesh Bhargude present for Applicant.

Respondent No. 3 namely Smt. Pushpa Bajrang Khuspe is reported to be dead as per submission made by the learned advocate for appellant and as per Bailiff's report dt 29/01/2025.

The above numbered Interim Application is listed for second time on the board of Registrar for taking steps to bring the legal representatives of deceased respondent No. 3 on record. Already two weeks time was granted. However, despite of granting two weeks time, learned Advocate for the Applicant has not taken any steps for bringing the legal representatives of deceased Respondent No. 3 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. 3 as provided under Rules 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 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. 3, if any . In turn, learned advocate for the appellant is directed to take appropriate steps for bringing on record the legal representatives of deceased Respondent No. 3, if any on record within two weeks. On failure, proceeding would stand abated against deceased Respondent No. 3 without further reference to the Court of Registrar. Sd/- REGISTRAR (JUDL-II) sat-R(J-II)-12.03.2025