Maharashtra Krishna Valley Development Corporation vs Anandrao Bhiku Kshirsagar (Deceased) Thr. Lrs. Yatiraj Vijay Kshirsagar and Ors. — Bombay HC (2025) — LawSathi Research

Maharashtra Krishna Valley Development Corporation vs Anandrao Bhiku Kshirsagar (Deceased) Thr. Lrs. Yatiraj Vijay Kshirsagar and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

One final opportunity of 08 weeks granted to the Appellant to take appropriate steps to bring the legal representatives of deceased respondent Nos. 4a, 4c, 6a, 8 and 9 on record; on failure, the proceedings would stand abated against those deceased respondents without further reference to the Court of Registrar.

Issue for consideration

Whether the appeal should abate against deceased respondent Nos. 4a, 4c, 6a, 8 and 9 for failure to bring their legal representatives on record within the prescribed time.

Court's answer

Where 90 days have elapsed from the reported death of a party to the appeal and no action has been taken by the Appellant to bring the heirs of the deceased party on record, the matter is to be placed before the Registrar for orders regarding abatement of the appeal against the deceased party.

Ratio / Principle

Instead of passing an order of abatement outright, the Registrar held it just and proper to give one further opportunity to take appropriate steps for bringing the legal representatives of the deceased respondents on record.

Key takeaways

08 weeks' time was granted with direction to take appropriate steps for bringing on record the legal representatives of deceased respondent Nos. 4a, 4c, 6a, 8 and 9, if any.ratio¶12
On failure to take the directed steps, the proceedings would stand abated against deceased respondent Nos. 4a, 4c, 6a, 8 and 9 (Baban K. Ghorpade, Hirabai K. Ghorpade, Sahebrao B. Ghorpade, Bajirao B. Jambale and Atmaram S. Ghorpade) without further reference to the Court of Registrar.ratio¶12

Detailed headnote1 paragraphs

Bombay High Court, Civil Appellate Jurisdiction — First Appeal No. 358 of 2024 with Interim Application No. 17078 of 2023; order dated 06/01/2025 by Shri S. R. Agrawal, Registrar (Judl-II). Respondent Nos. 4a, 4c, 6a, 8 and 9 (Baban K. Ghorpade, Hirabai K. Ghorpade, Sahebrao B. Ghorpade, Bajirao B. Jambale and Atmaram S. Ghorpade) were reported dead vide Bailiff's report dated 11/10/2024. Despite two weeks' time already granted, the learned Advocate for the Appellant took no steps to bring their legal representatives on record, and the prescribed period under Chapter VII, Rule 6(2), Bombay High Court Appellate Side Rules, 1960 (placement before the Registrar where 90 days elapse from reported death without action) had expired. Instead of ordering abatement outright, the Registrar granted one final opportunity of 08 weeks to take steps to bring the legal representatives on record, failing which the appeal would stand abated against the deceased respondents without further reference to the Court of Registrar.

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

FIRST APPEAL NO. 358 OF 2024 ALONGWITH INTERIM APPLICATION NO. 17078 OF 2023 IN FIRST APPEAL NO. 358 OF 2024

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

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

DATE : 06/01/2025

None Present

The respondent Nos. 4a, 4c, 6a, 8 and 9 namely, Baban K. Ghorpade, Hirabai K. Ghorpade, Sahebrao B. Ghorpade, Bajirao B. Jambale and Atmaram S. Ghorpade respectively, are reported to be dead vide Bailiff’s report dated 11/10/2024.

The above numbered First Appeal alongwith Interim Application is listed for second time on the board of Registrar for taking steps to bring the legal representatives of deceased respondent Nos. 4a, 4c, 6a, 8 and 9 on record. Already two weeks time was granted. However, despite of granting two weeks time, learned Advocate for the Appellant has not taken any steps for bringing the legal representatives of respondent Nos. 4a, 4c, 6a, 8 and 9 on record.

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 party as soon as possible.

As such, the prescribed time to bring on record the legal representatives of deceased respondent Nos. 4a, 4c, 6a, 8 and 9 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 Nos. 4a, 4c, 6a, 8 and 9, if any.

In turn, 08 weeks time is granted with direction to take appropriate steps for bringing on record the legal representatives of deceased respondent Nos. 4a, 4c, 6a, 8 and 9, if any on record. On failure, proceeding would stand abated against deceased respondent Nos. 4a, 4c, 6a, 8 and 9 namely, Baban K. Ghorpade, Hirabai K. Ghorpade, Sahebrao B. Ghorpade, Bajirao B. Jambale and Atmaram S. Ghorpade respectively without further reference to the Court of Registrar.

Sd/REGISTRAR (JUDL-II)

sat-R(J-II)-06.01.2025