Bombay High Court
NOORUDDIN KARIMBHAI KATHAWALAversusABDULLA KARIMBHAI KATHAWALA and ORS.
- Decided
- Disposal
- Dismissed
- Bench
- R N LADDHA
Holding
The appeal is dismissed as abated because the appellant died before the three-year period and no case survives.
Summary
The appellant, Nooruddin Karimbhai Kathawala, filed a criminal appeal against Abdulla Karimbhai Kathawala and others. During the pendency of the appeal, the appellant died before the expiry of the three-year limitation period. The police station submitted a communication confirming the appellant's death. The court examined whether the appeal could continue in view of the appellant's demise and the lapse of the prescribed period. Finding that the appellant's death extinguished the right to prosecute and that no surviving case remained, the court held that the appeal could not proceed. Consequently, the appeal was dismissed as abated.
Issues considered
- Can a criminal appeal continue when the appellant has died before the prescribed limitation period?
- Does the death of the appellant and the lapse of the three-year period result in abatement of the appeal?
Subjects
- abated appeal
- death of appellant
- criminal procedure
- limitation period
- procedural law
Judgment
Mamta Kale 51-apeal-267-2004.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
Criminal Appeal No. 267 of 2004
Nooruddin Karimbhai Kathawala … Appellant
versus
Abdulla Karimbhai Kathawala and Ors. …Respondents
----
Mr Atit Shirodkar i/b Mr Ganesh Gole, for the Appellant.
Mr Arfan Sait, APP, for the Respondent / State.
PSI Chavan, Agripada Police Station, Mumbai, is present.
----
Coram: R.N. Laddha, J.
Date: 17 February 2026
P.C.:
Digitally
signed by
MAMTA
. The learned Counsel for the appellant and the learned
MAMTA AMAR
AMAR KALE
KALE Date:
2026.02.17
18:51:41
APP jointly inform the Court that the appellant has passed
+0530
away before three years and nothing survives in this criminal
appeal. The learned APP also tenders a communication to that
effect received from Police Inspector, Agripada Police Station,
Mumbai, which is taken on record and marked ‘X’ for
identification.
2. In view of the above, the present criminal appeal stands
dismissed as abated.
(R.N. Laddha, J.)
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17 February 2026
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