Disposed

Shri. Suresh Ambadas Pawar v. Shri. Laxman Narayan Patole and Anr.

Bombay HC19 Dec 2024FA/259/2024

Case brief

AI extract

What is this about?

Registrar's order on a first appeal listed for service of notice upon an unserved respondent. One further opportunity of two weeks granted to take steps; failing which the appeal will stand dismissed against the unserved respondent without reference to the Registrar.

What did the court decide?

Two weeks' time granted to take steps for service of notice upon unserved respondent No. 1.

Shri. Suresh Ambadas Pawar vs Shri. Laxman… — Civil Procedure and Limitation | Bombay HC (2024)

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

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FIRST APPEAL NO. 259 OF 2024

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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 : 02/12/2024

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Adv. R. S. Alange present for applicant

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The notice issued to respondent Nos. 1 is returned unserved. Therefore, the above numbered First Appeal is listed on the board of registrar for second time for taking steps for service of notices upon unserved respondent Nos. 1. However, learned advocate for appellant has neither taken any steps nor supplied proper and correct address of respondent Nos. 1 .

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In view of provisions under Chapter VII, Rule 6 (1) (e) of the Bombay High Court, Appellate Side Rules, 1960, Immediately after the expiry of the period prescribed under the foregoing sub-rule of this rule for taking the requisite steps for the issue of fresh notice or or 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 of fresh notices or the postal stamps to cover the postal and

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registration charges have not been supplied within the prescribed time, and the Registrar shall dismiss the matter for failure to prosecute.:

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As such, the prescribed time to take steps for service of notice upon unserved respondent No. 1 as provided under Rule 1960 has been expired. 02 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 for service of notice upon unserved respondent Nos. 1 .

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In turn, two weeks time is granted with directions to take appropriate steps for service of notice upon unserved respondent Nos. 1 without fail. On failure, First Appeal would stand dismissed against unserved respondent Nos. 1 without further reference to the Court of Registrar.

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Sd/REGISTRAR (JUDL-II)

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sat-R(J-II)-02.12.2024

Shri. Suresh Ambadas Pawar v. Shri. Laxman Narayan Patole and Anr.

Case brief

What is this about?

What did the court decide?

Shri. Suresh Ambadas Pawar v. Shri. Laxman Narayan Patole and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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Coram

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