Disposed

Executive Engineer Minor Lift Irrigation Management Division Pune v. Ranga Bhagu Nimbale Since Deceased Thr. Lrs. Bhagu Ranga Nimbale

Bombay HC12 Apr 2024IA/378/2024

Case brief

AI extract

What is this about?

Registrar's order in a first appeal where steps to bring legal representatives of deceased respondent No. 1A on record were not taken despite three weeks' time. Four more weeks granted to take steps; failing which the appeal will stand abated against deceased respondent No. 1A without further reference.

What did the court decide?

Four weeks' final time to bring legal representatives of deceased respondent No. 1A on record; automatic abatement otherwise.

Executive Engineer Minor Lift Irrigation… — Civil Procedure and Limitation | Bombay HC (2024)

¶1

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

¶2

INTERIM APPLICATION NO. 378 OF 2024 IN FIRST APPEAL (STAMP) NO. 34488 OF 2023

¶3

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

¶4

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

¶5

DATE : 18/10/2024

¶6

Adv. Shweta Marathe i/by Jay and Co. Present for the Appellant

¶7

As per Bailiff’s Report dated 12.06.2024, Notice of respondent No. 1A is returned unserved with remark “expired“

¶8

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

¶10

deceased party as soon as possible.

¶11

As such, the prescribed time to bring on record the legal representatives of deceased respondent No. 1A 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. 1A, if any .

¶12

In turn, 04 weeks time is granted with direction to take appropriate steps for bringing on record the legal representatives of deceased respondent No. 1A, if any on record. On failure, proceeding would stand abated against deceased respondent No. 1A without further reference to the Court of Registrar.

¶13

Sd/REGISTRAR (JUDL-II)

¶14

sat-R(J-II)-18.10.2024

Executive Engineer Minor Lift Irrigation Management Division Pune v. Ranga Bhagu Nimbale Since Deceased Thr. Lrs. Bhagu Ranga Nimbale

Case brief

What is this about?

What did the court decide?

Executive Engineer Minor Lift Irrigation Management Division Pune v. Ranga Bhagu Nimbale Since Deceased Thr. Lrs. Bhagu Ranga Nimbale

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Prakash Rajaram Gurav and Ors. Vs the Competent Authority and Sub Division Officer Kankavali Mumbai Goa National Highway and Ors.

Rumana a. Godal Vs the Chairman Secretary Vaishali Nagar Madhuban Co. Operative Housing Society Ltd.

Nirabai Bhikaji Jadhav and Anr. Vs State of Maharashtra Thr Prin. Secretary, Revenue and Ors.

Union of India through the General Manager Western Railway vs Deputy Director General of Forests

Shri. Vilas Aanappa Shejal and Anr. vs Shri. Harshavarhan Pandurang Ghagare and Ors.

S. M. Computers Pvt. Ltd. vs the Inspector General of Registration and Controller of Stamps, M.S. Pune and Anr.