Bombay High Court

KISHANLAL SO SHIVLAL JAISWALversusSAMPATRAJ SOKUNDANMAL JAIN

Disposal: DISPOSED OFF

Holding

The appeal stands abated against the deceased respondent and the application is disposed.

Summary

The petitioner filed Civil Application No. 10585 of 2009 seeking to fix a second appeal for final hearing. The court noted that the application was originally filed in 2009 and therefore considered it already disposed. No steps had been taken against the deceased respondent, leading the court to hold that the appeal stood abated with respect to that party. Consequently, the appeal was listed for final disposal on 28 August 2026. The order reflects procedural rules concerning abatement of appeals when a respondent is deceased and no action is taken against them.

Issues considered

What is the effect on an appeal when the respondent is deceased and no steps are taken against them?

Subjects

civil procedure
appeal
abated appeal
deceased respondent
final hearing

Judgment

                                                             ca10585.09
                                  -1-


        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   BENCH AT AURANGABAD

              CIVIL APPLICATION NO. 10585 OF 2009
                             WITH
              CIVIL APPLICATION NO. 4790 OF 1994
                      IN/WITH SA/379/1994

                     Kishanlal So Shivlal Jaiswal
                              VERSUS
                    Sampatraj Sokundanmal Jain
                                 …..

                     CORAM : SANJAY A. DESHMUKH, J.
                     DATED : 19th AUGUST, 2026

PER COURT :-


1.       The civil application No. 10585 of 2009 is filed for fixing the

second appeal for final hearing.        For the reasons stated in the

application, the same is disposed of, as the same is filed in the year

2009.



2.       Since no steps are taken against deceased - respondent,

the appeal stands abated against the said respondent. List the

appeal for final disposal on 28.08.2026, first on board.



                                   (SANJAY A. DESHMUKH, J.)

rlj/

Continue reading with your account

Checking your session…