Disposed

Beena Suresh Marothiya and Anr. v. Sanjay Avadhabihari Singh and Ors.

Bombay HC18 Jun 2024IA/7282/2024

Case brief

AI extract

What is this about?

First appeal interim application for substitution of legal representatives of deceased respondent No. 1, with no steps taken despite prior two weeks' time granted. The Registrar granted a final four weeks to take steps, failing which the appeal would abate against the deceased respondent without further reference.

What did the court decide?

Four weeks' final time to bring legal representatives of deceased Respondent No. 1 on record; failing which the appeal abates against that respondent.

Beena Suresh Marothiya and Anr. vs Sanjay… — 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. 7282 OF 2024 IN FIRST APPEAL (ST) NO. 17767 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 : 25/10/2024

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Adv. Amreen Khan i/by Adv. A. M. Gokhale present for Applicant

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As per Bailiff’s Report dated 27/08/2024, Respondent No. 1 is reported to be dead.

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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. 1 on record. Already two weeks time was granted. However, despite of granting two weeks time, learned Advocate for the Applicant has not taken any steps for bringing the legal representatives of deceased Respondent No. 1 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

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the appeal as against the deceased 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. 1 as provided under Rules 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 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. 1, if any .

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In turn, four weeks time is granted with direction to take appropriate steps for bringing on record the legal representatives of deceased Respondent No. 1, if any on record. On failure, proceeding would stand abated against deceased Respondent No. 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)-25.10.2024

Beena Suresh Marothiya and Anr. v. Sanjay Avadhabihari Singh and Ors.

Case brief

What is this about?

What did the court decide?

Beena Suresh Marothiya and Anr. v. Sanjay Avadhabihari Singh 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

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Coram

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