Chandrappa Margappa Belly vs Ratnamma Jayawant Belly and Ors. — Bombay HC (2025) — LawSathi Research

Chandrappa Margappa Belly vs Ratnamma Jayawant Belly and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

One final opportunity of 02 weeks (excluding Christmas Vacation) granted to the applicant's advocate to supply the necessary copies; on failure, the Interim Application to stand dismissed against respondent Nos. 5 to 7 without further reference to the Court of Registrar; if copies supplied, notices to respondent Nos. 5 to 7 returnable by eight weeks.

Issue for consideration

Whether the Interim Application ought to be dismissed for non-prosecution for failure to supply copies within the prescribed/previously granted time.

Court's answer

Instead of dismissing the Interim Application outrightly for failure to supply copies, the Registrar considered it just and proper to grant one more opportunity to supply the necessary copies.

Ratio / Principle

Under Chapter VII, Rule 2 (iii) of the Bombay High Court Appellate Side Rules, 1960, matters in which process fees have not been paid and/or copies have not been supplied within the prescribed time are liable to be dismissed by the Registrar for failure to prosecute.

Key takeaways

The learned advocate for the applicant was directed to supply the necessary copies within 02 weeks (excluding Christmas Vacation); on failure, the Interim Application would stand dismissed against respondent Nos. 5 to 7 without further reference to the Court of Registrar; if copies were supplied, notices were to be issued to respondent Nos. 5 to 7 returnable by eight weeks.ratio¶10

Detailed headnote1 paragraphs

Bombay High Court, Civil Appellate Jurisdiction — Registrar (Judl-II) — Interim Application No. 8156 of 2025 in First Appeal (Stamp) No. 12913 of 2025 — applicant's advocate failed to supply copies for issuing notices to respondent Nos. 5 to 7 despite two weeks' time earlier granted — under Chapter VII, Rule 2 (iii) of the Bombay High Court Appellate Side Rules, 1960, the Registrar shall dismiss matters where process fees have not been paid and/or copies have not been supplied within the prescribed time — instead of outright dismissal, one final opportunity of 02 weeks (excluding Christmas Vacation) granted to supply copies — on failure, the Interim Application to stand dismissed against respondent Nos. 5 to 7 without further reference to the Court of Registrar — if copies supplied, notices to respondent Nos. 5 to 7 returnable by eight weeks.

FARAD CONTINUATION SHEET NO. 5 THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

INTERIM APPLICATION NO. 8156 OF 2025 IN FIRST APPEAL (STAMP) NO. 12913 OF 2025

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 : 12/12/2025

Adv. Prerit Menon i/by Adv. Ditendra Mishra present for the Applicant

The above numbered Interim Application is listed for second time on the Board of Registrar for supplying copies. Already two weeks time was granted. However, despite of granting two weeks time, the Advocate for the Applicant has not supplied copies for issuing Notices to respondent Nos. 5 to 7.

In view of provisions under Chapter VII, Rule 2 (iii) of the Bombay High Court Appellate Side Rules, 1960 matters to be dismissed for non-prosecution in case of default of payment of process fess and failure to supply copies – Immediately after the expiry of the time prescribed in the foregoing sub-rules of this rule for the supply of copies, the Office shall place before the Registrar all such matters in which the process fees have not been paid and/or the copies have not been supplied within the prescribed time, and the Registrar shall dismiss all such matters for failure to prosecute.

As such, the prescribed time to supply copies, 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 as learned Advocate for the Applicant has not taken any steps. However, instead of passing order of dismissal outrightly, it would be just and proper to give one more opportunity to supply the necessary copies.

In turn, the learned advocate for the applicant is directed to supply necessary copies within 02 weeks (excluding Christmas Vacation) without fail. On failure, the Interim Application would stand dismissed against respondent Nos. 5 to 7 without further reference to the Court of Registrar. If copies supplied, issue notices to respondent Nos. 5 to 7, returnable by eight weeks.

Sd/-

sat-R(J-II)-12.12.2025