Bombay High Court

NIVRUTI NARAYAN VANJARIversusSTATE OF MAHA

Disposal: DISMISSED

Holding

An appeal is abated and must be dismissed if the appellant is dead and no legal heir is shown.

Summary

The appellants, Barku Maruti Shelke and Nivruti Narayan Vanjari, filed first appeals (stamp) along with civil applications before the Bombay High Court, Aurangabad Bench. The court was informed that both appellants were reported dead and no legal heirs had been presented. The central issue was whether the appeals could proceed in the absence of a living appellant or any heir to represent the estate. The bench examined the procedural rule that an appeal is abated if the appellant is deceased and no heir is made out. Consequently, the court held that the appeals could not be entertained. The appeals and accompanying applications were therefore dismissed as abated.

Issues considered

Can an appeal be maintained when the appellant is deceased and no legal heir is presented?

Subjects

appeal
abated appeal
legal heirs
civil procedure
stamp duty

Judgment

2026:BHC-AUG:42467
               Tauseef                         1 of 1   931-CA.12015.2010 & 932-CA.12016.2010


                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD
                           931 FIRST APPEAL (STAMP) NO.27773 OF 2002
                                              WITH
                              CIVIL APPLICATION NO. 12015 OF 2010
                                       IN FAST/27773/2002

                                      BARKU MARUTI SHELKE
                                              VERSUS
                                     STATE OF MAHARASHTRA
                                                  ...
               Mr. R. R. Imale, Advocate for Applicant.
               Mr. A. M. Phule, AGP for Respondent.
                                                  …
                                                AND
                           932 FIRST APPEAL (STAMP) NO.27898 OF 2002
                                               WITH
                               CIVIL APPLICATION NO. 12016 OF 2010
                                        IN FAST/27898/2002

                                    NIVRUTI NARAYAN VANJARI
                                              VERSUS
                                     STATE OF MAHARASHTRA
                                                  ...
               Mr. R. R. Imale, Advocate for Applicant.
               Mr. A. D. Wange, AGP for Respondent.
                                                  …
                                        CORAM : SIDDHESHWAR S. THOMBRE, J.
                                        DATE : 11th SEPTEMBER, 2026

               P.C.:-

               1.        Mr. R. R. Imale, learned Advocate for the Appellants/

               Applicants submits that in both the applications, the Appellants/

               Applicants are reported to be dead and no legal heirs are brought on

               record.

               2.        In view of that, the appeals and applications are dismissed as

               abated.

                                                 (SIDDHESHWAR S. THOMBRE, J.)

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