Bombay High Court
THE STATE OF MAHARASHTRA (THR. THE SPECIAL LAND ACQUISITION OFFICER NO.1), NASHIK AND ANR.versusDADAJI TANAJI PAWAR
- Decided
- Disposal
- Allowed
- Bench
- AMIT BORKAR
Holding
The appeal will be abated against the deceased respondent unless the appellant brings the heirs on record within two weeks.
Summary
The Registrar noted that the sole respondent in a first appeal had died and that notice to the respondent was returned unserved as "dead". Under Chapter VII Rule 6 of the Bombay High Court Appellate Side Rules, 1960, an appeal must be abated if the heirs of a deceased party are not brought on record within 90 days of the death. Although four weeks of time had previously been granted, the appellant failed to take any steps to bring the deceased respondent's heirs on record. The Registrar therefore granted an additional two weeks for the appellant to comply, warning that failure to do so will result in the abatement of the appeal against the deceased respondent. The order emphasizes adherence to procedural timelines and provides a final opportunity before dismissal.
Issues considered
- Whether the appeal should be abated due to the death of the sole respondent and the appellant's failure to bring the heirs on record within the statutory period.
- Whether the Registrar may grant a further extension of time before ordering abatement.
Subjects
- death of party
- abatement of appeal
- Bombay High Court
- Appellate Side Rules 1960
- procedural time limit
- heirs of deceased
- interim application
Judgment
FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
Interim Application No. 4035 of 2021 a/w
Interim Application No. 4034 of 2021
in
First Appeal (st) No. 9477 of 2021.
Office Notes, Office Memoranda of Coram, Court’s or Judge’s orders
appearance, Court’s orders or directions and
Registrar’s orders
CORAM : S. R. AGRAWAL
REGISTRAR (JUDL.II)
Date : 28/02/2024.
Adv. Kiran Shinde, AGP present for
Applicant.
As per Bailiff’s Report dated 10/10/2023,
notice of sole Respondent is returned unserved
with remark “dead on 22/10/2022”
The above numbered interim applications
are listed on the board of Registrar for third
time. Already four weeks time was granted.
However, despite of granting four weeks time,
Advocate for the Appellant has not taken any
steps regarding the deceased sole respondent
till date.
Here reference to Chapter VII Rule 6 Sub
rule 1 & 2 of the Bombay High Court, Appellate
Side Rules, 1960 [for short “Rules”] may be
conveniently made. It states about Processes,
Process fees, Printing charges, Security for
costs and other procedure after admission etc.
In view of provisions under Chapter VII,
Rule 6 (2), 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.
The prescribed time to bring on record the
heirs of the deceased sole respondent provided
under Rules 1960 has been expired. 04 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 dismissal outrightly, it would be just
and proper to give one opportunity to take steps
regarding deceased sole respondent.
In turn, two weeks time is granted with
directions to take steps regarding deceased
sole respondent without fail. On failure, both
interim applications as well as First Appeal
would stand abated against deceased sole
respondent, without further reference to the
Court of Registrar.
Sd/-
REGISTRAR (JUDL-II)
sat-R(J-II)-28.02.2024
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