Smt. Jarina Mukhtar Khan v. Shri. Walmik Harichandra Pawar and Anr.

Bombay HC22 Jan 2026IA/11873/2025

Case brief

AI extract

What is this about?

Abatement of appeal; death of respondent during pendency of appeal; bringing legal representatives / heirs of deceased party on record; Chapter VII Rule 6(2) Bombay High Court Appellate Side Rules 1960; 90-day rule; six weeks final opportunity; automatic abatement on default without further reference to Registrar; Registrar (Judl.-II) order; Bombay High Court Civil Appellate Jurisdiction; First Appeal (Stamp) No. 29429 of 2018; Interim Application No. 11873 of 2025; order dated 09/04/2026.

What did the court decide?

One further opportunity of six weeks granted to the applicant to bring the legal representatives of deceased respondent No. 1 on record; on failure the proceeding abates against him automatically without further reference to the Registrar. ¶¶12

Smt. Jarina Mukhtar Khan vs Shri. Walmik Harichandra Pawar and Anr. — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the appeal should abate against deceased respondent No. 1 for want of steps to bring his legal representatives on record, and whether one further opportunity should be afforded to the applicant.

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Court's answer

The prescribed time under the 1960 Rules to bring on record the legal representatives of deceased respondent No. 1 had expired; the six weeks earlier granted went unused and the matter lay without progress.

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Ratio / Principle

Instead of ordering abatement outright, one final opportunity of six weeks was given to the applicant to take appropriate steps to bring the legal representatives of deceased respondent No. 1, if any, on record.

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Key takeaways

On failure to take the directed steps within six weeks, the proceeding shall stand abated against deceased respondent No. 1 without further reference to the Court of the Registrar.ratio¶¶12

Detailed headnote1 paragraphs

Order dated 09/04/2026 passed by Shri S.R. Agrawal, Registrar (Judl.-II), High Court of Judicature at Bombay (Civil Appellate Jurisdiction), on Interim Application No. 11873 of 2025 in First Appeal (Stamp) No. 29429 of 2018. Respondent No. 1, Walmik Harishchandra Pawar, was reported dead vide Bailiff’s report dated 16/12/2025. Six weeks earlier granted to bring his legal representatives on record lapsed without any step being taken. Noting that under Chapter VII, Rule 6(2) of the Bombay High Court Appellate Side Rules, 1960 the matter must be placed before the Registrar for orders regarding abatement once 90 days elapse from the reported death without action by the appellant, the Registrar declined to order abatement outright and granted one last opportunity of six weeks to bring the legal representatives of deceased respondent No. 1 on record; on failure, the proceeding is to stand abated against the deceased respondent No. 1 without further reference to the Court of the Registrar.

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FARAD CONTINUATION SHEET NO. THE HIGH COURT OF JUDICATURE AT BOMBAY 27 CIVIL APPELLATE JURISDICTION

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INTERIM APPLICATION NO. 11873 OF 2025 IN FIRST APPEAL (STAMP) NO. 29429 OF 2018

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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 : 09/04/2026

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None Present

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The respondent No. 1- Walmik Harishchandra Pawar is reported to be dead vide Bailiff’s report dated 16/12/2025.

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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 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. 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 the appeal as against the

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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. 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. 1, if any.

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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. 1, if any on record within 06 weeks. 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)-09.04.2026

Smt. Jarina Mukhtar Khan v. Shri. Walmik Harichandra Pawar and Anr.

Case brief

What is this about?

What did the court decide?

Smt. Jarina Mukhtar Khan v. Shri. Walmik Harichandra Pawar and Anr.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

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Coram

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