Shri. Sachin Dattatray Isapure v. Shri. Sunil Daulatrao Patil (D/H) 1A) Smt. Sangita Sunil Patil and Ors.

Bombay HC19 Mar 2024IA/6728/2024

Case brief

AI extract

What is this about?

Registrar's order on an interim application in a first appeal where the applicant failed to take steps to bring the legal representatives of deceased respondent No. 1E on record. One final two-week opportunity granted; failing which the proceedings would stand abated against the deceased respondent without further reference to the Registrar.

What did the court decide?

Two weeks' time granted to bring LRs of deceased respondent No. 1E on record; on failure, abatement against deceased respondent.

Shri. Sachin Dattatray Isapure vs Shri. Sunil… — Succession and Inheritance | 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. 6728 OF 2024 IN FIRST APPEAL (STAMP) NO. 34287 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 : 20/08/2024

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None present

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As per Bailiff’s Report dated 18/04/2024, Notice of respondent No. 1E is returned unserved with remark “expired“

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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. 1E 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. 1E on record.

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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 deceased

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party as soon as possible.

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

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

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Sd/-

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REGISTRAR (JUDL-II)

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sat-R(J-II)-20.08.2024

Shri. Sachin Dattatray Isapure v. Shri. Sunil Daulatrao Patil (D/H) 1A) Smt. Sangita Sunil Patil and Ors.

Case brief

What is this about?

What did the court decide?

Shri. Sachin Dattatray Isapure v. Shri. Sunil Daulatrao Patil (D/H) 1A) Smt. Sangita Sunil Patil and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

Coram

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