Bombay High Court
SHIVAIRAO B. YADAVversus1. SAHEBRAO B. YADAV and 9 ORS.
- Disposal
- Disposed Off
Holding
The second appeal stands abated by operation of law upon the death of the sole appellant.
Summary
The appellant, Shivajirao B. Yadav, died as evidenced by a returned letter from the RPAD dated 4 October 2022. The court was informed of the death by the appellant's counsel. By operation of law, the second appeal filed by the sole appellant stands abated. Consequently, the appeal could not proceed. All pending interim and civil applications related to the appeal were also disposed of.
Issues considered
- Does the death of a sole appellant automatically abate a pending second appeal under law?
Subjects
- death of appellant
- abated appeal
- second appeal
- civil procedure
- interim applications
Judgment
6-SA-4-1997-(C).docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
SECOND APPEAL NO. 4 OF 1997
WITH
CIVIL APPLICATION NO. 74 OF 1997
IN
SECOND APPEAL NO. 4 OF 1997
Shivajirao B. Yadav … Appellant
V/s.
Sahabrao B. Yadav And Ors … Respondents
Mr. Ajay Rajenimbalkar i/b Mr. S. S. Patwardhan, advocate for the
Appellant
CORAM : RAJESH S. PATIL, J.
DATED : OCTOBER 1, 2026
P.C.:
1. Learned counsel for the Appellant submits that the sole
Appellant has died and this has come to their knowledge as a letter
addressed to the Appellant by RPAD has been returned by the
IRESH
MASHAL
Postal Department on 4 October 2022.
Digitally signed
by IRESH
MASHAL
Date:
2. By operation of law, Second Appeal stands abated.
2026.10.01
19:25:05
+0530
3. In sequel, all pending Interim/Civil Applications stand
disposed of accordingly.
(RAJESH S. PATIL, J.)
1/1
Iresh
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