Disposed

Smt. Anita Amrut Patil and Ors. v. Shri. Sanjay Bhimrao Yadav and Anr.

Bombay HC22 Feb 2024CAF/7/2024

Case brief

AI extract

What is this about?

First appeal against deceased respondent: applicant failed to bring legal representatives on record within time. Registrar granted one final three-week opportunity to take steps, failing which the appeal stands abated against the deceased respondent without further reference.

What did the court decide?

Three weeks granted to take steps to bring legal representatives of deceased respondent No. 1 on record, failing which proceedings stand abated against him.

Smt. Anita Amrut Patil and Ors. vs Shri… — Civil Procedure and Limitation | Bombay HC (2024)

¶1

FARAD CONTINUATION SHEET NO. THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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CIVIL APPLICATION NO. 7 OF 2024 IN FIRST APPEAL (STAMP) NO. 1582 OF 2019

¶3

Office Notes, Office Memoranda of Coram, Court’s or Judge’s order appearance, Court’s Orders or directions and Registrar’s orders

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CORAM : SHRI S. R. AGRAWAL REGISTRAR (JUDL -II)

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DATE : 02/08/2024

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Adv. Sakshi Kadam i/by Adv. K.J. Patil present for the Applicant

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As per Bailiff’s Report dated 20/04/2024, Notice of respondent No. 1 is returned unserved with remark “expired“

¶8

The above numbered Civil Application is listed for second time on the board of Registrar for taking steps to bring the legal representatives of deceased respondent No. 1 on record. Already 03 weeks time was granted. However, despite of granting 03 weeks time, learned Advocate for the Applicant has not taken any steps for bringing the legal representatives of deceased respondent No. 1 on record.

¶9

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.

¶10

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. 03 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 .

¶11

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.

¶12

Sd/-

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REGISTRAR (JUDL-II)

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sat-R(J-II)-02.08.2024

Smt. Anita Amrut Patil and Ors. v. Shri. Sanjay Bhimrao Yadav and Anr.

Case brief

What is this about?

What did the court decide?

Smt. Anita Amrut Patil and Ors. v. Shri. Sanjay Bhimrao Yadav and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Statutes considered

Coram

Case details

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