Chief Executive Officer, Zilla Parishad, Solapur vs Shri Vijaykumar Sopan Bagal and Anr. — Bombay HC (2025) — LawSathi Research

Chief Executive Officer, Zilla Parishad, Solapur vs Shri Vijaykumar Sopan Bagal and Anr. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

One final opportunity of six weeks granted to the applicant's advocate to bring the legal representatives of deceased respondent No. 2 on record; failing which, the appeal shall stand abated against the deceased respondent without further reference to the Registrar.

Issue for consideration

Whether, the prescribed period under the Bombay High Court Appellate Side Rules, 1960 for bringing the legal representatives of deceased respondent No. 2 having expired without any steps by the applicant, the appeal stands liable to abatement against the deceased respondent. +1 more

Court's answer

Under Chapter VII, Rule 6(2) of the Bombay High Court Appellate Side Rules, 1960, where 90 days have elapsed from the reported death of a party to an appeal and the appellant has taken no action to bring the heirs on record, the matter is to be placed before the Registrar for orders regarding abatement of the appeal against the deceased party.

Ratio / Principle

The prescribed time under the 1960 Rules for bringing the legal representatives of deceased respondent No. 2 on record had expired, and the six weeks earlier granted had gone wholly unused.

Key takeaways

Instead of ordering outright abatement, one further opportunity of six weeks was granted to the learned advocate for the applicant to take appropriate steps to bring the legal representatives of deceased respondent No. 2 on record.ratio¶12
On failure to bring the legal representatives on record within the granted period, the proceedings shall stand abated against deceased respondent No. 2 automatically, without further reference to the Court of Registrar.ratio¶12

Detailed headnote1 paragraphs

Registrar (Judl-II), Bombay High Court, order dated 26/02/2025 on Interim Application No. 9853 of 2024 in First Appeal (Stamp) No. 29762 of 2023: respondent No. 2 (Rajendra Vitthal Mokashi) reported dead vide Bailiff's report dated 26/11/2024; the prescribed time under the Bombay High Court Appellate Side Rules, 1960 to implead his legal representatives having expired, and an earlier six-week extension having gone wholly unused, the Registrar, instead of passing an outright order of abatement, granted one final opportunity of six weeks to the applicant's advocate to bring the legal representatives of the deceased respondent on record; on failure, the appeal shall stand abated against the deceased respondent without further reference to the Court of Registrar, per Chapter VII, Rule 6(2) of the said Rules (90-day rule).

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

INTERIM APPLICATION NO. 9853 OF 2024 IN FIRST APPEAL (STAMP) NO. 29762 OF 2023

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 : 26/02/2025

Adv. Shraddha Pawar present for respondent No. 1

The respondent No. 2, Shri. Rajendra Vitthal Mokashi is reported to be dead vide Bailiff’s report dated 26/11/2024.

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. 2 on record. Already six weeks time was granted. However, despite of granting six weeks time, learned Advocate for the Applicant has not taken any steps for bringing the legal representatives of respondent No. 2 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 No. 2 as provided under Rules 1960 has been expired. 06 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. 2, if any.

In turn, the learned advocate for the applicant is directed to take appropriate steps for bringing on record the legal representatives of deceased respondent No. 2, if any on record within 06 weeks. On failure, proceeding would stand abated against deceased respondent No. 2 without further reference to the Court of Registrar.

Sd/REGISTRAR (JUDL-II) sat-R(J-II)-26.02.2025