Disposed

Mr Namdev Dhondiram Yadav (Since Deceased) Thru. Lrs Mr Arun Namdev Yadav v. Mr Vidyadhar Shankarrao Sarnaik (Deceased) Thr. Lrs. Meena Vidyadhar Sarnaik and Ors.

Bombay HC20 Feb 2024IA/16/2024

Case brief

AI extract

What is this about?

Registrar's order on an interim application in a civil revision application where the applicant failed to take steps against unserved proposed Respondent No.1(B). Instead of outright dismissal under Chapter VII Rule 6(1)(e) of the Bombay High Court Appellate Side Rules, 1960, two weeks were granted to take steps, failing which the application would stand dismissed.

What the court decided

AI extract

Mr Namdev Dhondiram Yadav (Since Deceased)… — Civil Procedure and Limitation | Bombay HC (2024)

¶1

FARAD CONTINUATION SHEET NO.

¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

¶3

INTERIM APPLICATION NO.16 OF 2024 IN CIVIL REVISION APPLICATION NO.688 OF 2016

¶4

Office Notes, Office Memoranda of Coram, appearance, Court’s orders or directions and Registrar’s orders	Court’s or Judge’s orders
CORAM :S.R. AGRAWAL REGISTRAR (JUDL.-II) DATE : 22^ndJuly, 2024
Advocate Amit Jaiswar i/b. Advocate Manoj M. Gadkari Present for Applicant. The above numbered Interim Application
in 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 proposed Respondent
No.1(B). 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
otherprocedure after admission etc.

¶5

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.

¶6

As such, the prescribed time to take steps against unserved proposed Respondent No.1(B) 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 proposed Respondent No.1(B).

¶7

In turn, 02 (two) weeks time is granted with directions to take steps against unserved proposed Respondent No.1(B) without fail. On failure, Interim Application in Civil Revision Application would stand

¶8

dismissed	against unserved proposed
Respondent	No.1(B) without further
reference to dsm	the court of Registrar. sd/- Registrar (Judl. - II)

Mr Namdev Dhondiram Yadav (Since Deceased) Thru. Lrs Mr Arun Namdev Yadav v. Mr Vidyadhar Shankarrao Sarnaik (Deceased) Thr. Lrs. Meena Vidyadhar Sarnaik and Ors.

Case brief

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What the court decided

Mr Namdev Dhondiram Yadav (Since Deceased) Thru. Lrs Mr Arun Namdev Yadav v. Mr Vidyadhar Shankarrao Sarnaik (Deceased) Thr. Lrs. Meena Vidyadhar Sarnaik and Ors.

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