Bombay High Court

BEBABAI NAGO MARATHE AND ANOTHERversusADHAR DONGAR MARATHE L.RS. MAGAN AADHAR MARATHE AND ORS

Disposal: DISPOSED OFF

Holding

An order cannot be set aside merely because a party died after filing, absent any prejudice to the legal representatives.

Summary

The applicants sought to have an order dated 28‑03‑2025, which corrected a respondent's name after marriage, recalled on the ground that one applicant, Adhar Marathe, had died on 07‑01‑2025, rendering the order void ab initio. The respondents argued that the legal representatives of the deceased were already on record and no prejudice was shown. The Court examined the impugned order and noted that the death of the party was not raised before the order was passed and that the representatives had not complained of any adverse effect. Consequently, the Court held that the order was not illegal and could not be set aside. The application for recall and stay of further proceedings was rejected, and the executing court was directed to dispose of the pending case within three months.

Issues considered

Whether an order passed after the death of a party, without notice of death, is void ab initio.
Whether the death of a party justifies setting aside a correction of name order.
Whether a stay of further proceedings is warranted in view of the death.

Subjects

civil procedure
name correction
death of party
order set aside
stay of execution

Judgment

2026:BHC-AUG:42974

(1) 89 ca 5998.26

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

89 CIVIL APPLICATION NO. 5998 OF 2026
IN SA/31/2017

BEBABAI NAGO MARATHE AND ANOTHER
VERSUS
ADHAR DONGAR MARATHE L.RS. MAGAN AADHAR MARATHE AND ORS

…..
Advocate for Applicant : Mr. Sangit L. V.
Advocate for Respondents : Mr. Malte Uday S.
…..

CORAM : SANJAY A. DESHMUKH, J.
DATE : 21.09.2026

P.C.:-

1. By way of present application follow reliefs are sought:

“A) That, the Order dated 28.03.2025, passed in Civil
Application No.810/2025 in Second Appeal No.31/2017 may kindly
be recalled.

B) Pending hearing and final disposal of present Civil
Application, all further Proceedings of R.D. No.01/2024 pending in
present the Court of C.J.J.D., Dharangaon, Tq. Dharangaon, District
Jalgaon may kindly be stayed.”

2. Perused the application. Heard the learned advocates for both

the sides.

3. It is an admitted fact that Civil Application No. 810 of 2025 was
(2) 89 ca 5998.26

filed in Second Appeal No. 31 of 2017 seeking correction of the name of one

of the respondents following her marriage. The said application was decided

on 28.03.2025

4. Learned advocate for the applicants pointed out that, prior to the

passing of the said order dated 28.03.2025, Applicant No. 1, Adhar Marathe,

had died on 07.01.2025. He submitted that, since Applicant No. 1 was no

longer alive when the order dated 28.03.2025 was passed, the said order is ab

initio void and legally unsustainable. He, therefore, prayed for setting aside

the said order.

5. Learned advocate for the respondents submitted that the legal

representatives of Applicant No. 1, Adhar Marathe, are already on record.

Only the name of one of the respondents was changed after her marriage, and

the said correction was accordingly carried out. He, therefore, prayed for

rejection of the application.

6. Upon perusal of the impugned order as well as the grounds raised

in the application, it is crystal clear that the legal representatives of Applicant

No.1, Adhar Marathe, are already on record. No other legal representative has

been brought on record. None of the legal representatives of Adhar Marathe

has alleged any prejudice or adverse effect on their rights.
(3) 89 ca 5998.26

7. In such circumstances, when the fact of death of Shri Adhar

Marathe was not brought to the notice of this Court by any of the parties

while passing the order, the said order cannot be said to be illegal, and

therefore, it cannot be set aside. No prejudice is caused to the applicants. The

application deserves to be rejected. Accordingly, the application is rejected.

8. It would be proper to direct the Executing Court to decide R.D.

No. 01/2024, pending before the C.J.J.D., Dharangaon, District Jalgaon, as

expeditiously as possible and, in any case, within three months from today.

The learned Advocate for the respondents is directed to submit a copy of this

order to the Executing Court.

[SANJAY A. DESHMUKH, J.]

mubashir

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