Illahi Mahammad Lakadwale v. Yashwant Kondiba Mule (Deceased)

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

CIVIL REVISION APPLICATION NO.256 OF 2024

Office Notes, Office Memoranda of Coram, Court’s or Judge’s orders appearance, Court’s orders or directions and Registrar’s orders CORAM : S.R. AGRAWAL REGISTRAR (JUDL. - II) DATE : 22^nd July, 2024 None Present. The above numbered Civil Revision Application is listed on board of Registrar for third time. Already four weeks time has been granted, however, despite granting four weeks time, Advocate for the Applicant has not taken any steps against unserved 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(1) (e), immediately after the expiry of the period prescribed under the forgoing

sub-rule of this rule for taking the requisite steps for the issue of fresh notice or for supplying postal stamps to cover the postal and registration charges, the office shall place before the Registrar all such matters in which steps have not been taken for the issue fresh notices or the postal stamps to cover the postal and registration charges have not been supplied within the prescribed time, and the Registrar shall dismiss the matter for failure to prosecute.

As such, the prescribed time to take steps against unserved Respondent No. 2(A) as provided under Rules 1960 has been expired. 04 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 dismissal outrightly, it would be just and proper to give one opportunity to take steps against unserved Respondent No.2(A).