Jayesh Chinubhai Gandhi v. Freny Burjor Gimi (Since Deceased)And Others

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.4182 OF 2025 IN CIVIL REVISION APPLICATION ST. NO.8705 OF 2025 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : S.R. AGRAWAL REGISTRAR (JUDL. - II) DATE : 25th August, 2025 Advocate Shravan Sul i/b. Suhas Shivaji Deokar for the Applicant present.

Respondent No.2(A) Sulochana Chinubhai Gandhi is reported to be dead on 03/04/2021 vide Bailiff's report dated 02/05/2025. The matter was placed before the Board of Registrar on 18/06/2025 and accordingly six weeks time was granted for bringing on record the legal representatives of deceased Respondent No.2(A). However, the learned Advocate for the Applicant has not taken any steps for bringing the legal representatives of deceased Respondent No.2(A).

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.2(A), 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.2(A), if any.

In turn, 03 (three) weeks time is granted with directions to take appropriate steps for bringing legal representatives of the deceased Respondent No.2(A), without fail.

On failure, Civil Revision Application would stand abated against deceased Respondent No.2(A), without further reference to the court of Registrar.

sd/- Registrar (Judl. - II) dsm