Disposed

State of Maharashtra through the Deputy Collector Land Acquisition v. Kai. Motiram Balaram Mhatre Deceased through His Legal Heirs

Bombay HC13 Nov 2024IA/10616/2024

Case brief

AI extract

What is this about?

Registrar's order on an interim application in a first appeal where notice to an unserved respondent was returned unserved and the applicant failed to take service steps within the prescribed time. Instead of dismissing for failure to prosecute under the Appellate Side Rules, one final opportunity of two weeks was granted to effect service, failing which the application will stand dismissed agains

What did the court decide?

Two weeks granted to take steps for serving notice on unserved respondent No. 2/3; failing which the interim application stands dismissed against that respondent automatically.

State of Maharashtra through the Deputy… — 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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INTERIM APPLICATION NO. 10616 OF 2024 IN FIRST APPEAL (STAMP) NO. 8705 OF 2023

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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 : 29/11/2024

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None Present

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The notice issued to respondent No. 2/3 is returned unserved. Therefore, the above numbered Interim Application is listed on the board of registrar for second time for taking steps for service of notice upon unserved respondent No. 2/3. However, learned advocate for applicant has neither taken any steps nor supplied proper and correct address of respondent No. 2/3.

¶8

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 registration charges have not been supplied within the prescribed time, and the

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Registrar shall dismiss the matter for failure to prosecute.:

¶10

As such, the prescribed time to take steps for service of notice upon unserved respondent No. 2/3 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 more opportunity to take steps for service of notice upon unserved respondent No. 2/3.

¶11

In turn, two weeks time is granted with directions to take appropriate steps for service of notice upon unserved respondent No. 2/3 without fail. On failure, Interim Application would stand dismissed against unserved respondent No. 2/3 without further reference to the Court of Registrar.

¶12

Sd/-

¶13

REGISTRAR (JUDL-II)

¶14

vrm-R(J-II)-29.11.2024

State of Maharashtra through the Deputy Collector Land Acquisition v. Kai. Motiram Balaram Mhatre Deceased through His Legal Heirs

Case brief

What is this about?

What did the court decide?

State of Maharashtra through the Deputy Collector Land Acquisition v. Kai. Motiram Balaram Mhatre Deceased through His Legal Heirs

Case brief

What is this about?

What did the court decide?

What the court decided

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