The court granted final extension of two weeks to the appellants to set aside the abatement of a second appeal and bring the legal representative of a deceased respondent on record, warning that failure would result in dismissal.
Two weeks' time granted to set aside abatement and bring legal representative on record.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
{1}
ca9478-14
drp
IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
CIVIL APPLICATION NO.9478 OF 2014 WITH CIVIL APPLICATION NO. 10947 OF 2012 IN SECOND APPEAL NO. 270 OF 1990
Bhairu Jagtap (Died) LR Manik and Others APPLICANTS
VERSUS
Rajendra Balbhim Kinikar & Another RESPONDENTS
Mrs. M. A. Kulkarni, Advocate for the applicants Mr. A. S. Shelke h/f Mr. S. K. Shelke, Advocate for respondents
[CORAM : N. W. SAMBRE, J.]
DATE : 15th JANUARY, 2015
ORDER :
{2}
ca9478-14
[N. W. SAMBRE, J.]
drp/B14/ca9478-14
{3}
ca9478-14
drp
IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
SECOND APPEAL NO. 270 OF 1990
Bhairu Jagtap (Died) LR Manik and Others APPELLANTS
VERSUS
Rajendra Balbhim Kinikar & Another RESPONDENTS
Mrs. M. A. Kulkarni, Advocate for the appellants Mr. A. S. Shelke h/f Mr. S. K. Shelke, Advocate for respondents
[CORAM : N. W. SAMBRE, J.]
DATE : 15th JANUARY, 2015
ORDER :
as per the knowledge of the appellants. They have even produced certificate of death issued by the Grampanchayat office, Ruibhar, Taluka and District Osmanabad. The duty, as per the Civil Procedure Code, on the advocate for the respondent is just to inform
death of the respondent, in case it comes to the
{4}
ca9478-14
knowledge of the respondent. It is for the applicants/ appellants to enquire regarding legal representatives of the respondent and that duty cannot be cast on the advocate of the respondent.
3. In the circumstances, the appellants are given ten weeks time from today to enquire and bring on record the legal representatives of deceased Rajendra Balbhim Kinikar. In case of failure to bring legal representatives on record within a period of ten weeks, this Second Appeal shall stand disposed of as abated against sole respondent.”
ca9478-14
{5}
[N. W. SAMBRE, J.]
drp/B14/ca9478-14
2 issues framed by the court
Whether the second appeal should be dismissed for failure to bring legal representatives on record after abatement.
Whether applicants can seek extension of time to set aside abatement.
Bhairu Jagtap
Manik
Rajendra Balbhim Kinikar
N. W. Sambre
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
