Mr.Surendra Laxman Keni And ORS v. Mr Janardan Mangalaya Bhandari (Deceased) Thr. Lrs And ORS

[Spl. --H.C.A.S.C.D. 79c FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE District : MUMBAI CIVIL REVISION APPLICATION NO. 565 OF 2024 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM :- S.R. AGRAWAL REGISTRAR (JUDL.-II) DATE :- 15th October, 2025.

None present.

The notice issued to respondent No.

3 is returned unserved vide bailiff report dated 02/08/2025, with remark "Expired on 14/12/2008".

The above numbered Civil Revision Application is listed for second time on the board of Registrar for taking steps to bring the legal representatives of the deceased respondent No. 3. Already 06 weeks time has been granted, however, despite of granting two weeks time, Advocate for the Applicant has not taken any steps for bringing the legal representatives of deceased respondent No. 3, till date.

Here reference to Chapter VII Rule 6 Sub rule 1 and 2 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 6(2), 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 the deceased respondent No. 3, as provided under Rules 1960 has been expired. 06 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, 06 (six) weeks time is granted with directions to take appropriate steps for bringing legal representatives of the deceased respondent No. 3, without fail.

On failure, Civil Revision Application would stand abated against deceased respondent No. 3, without further reference to the court of Registrar.

sd/- umk Registrar (Judl.-II)