Bombay High Court

M/S. ROYAL DISTILLERY PRIVATE LIMITEDversusSMT. SOMAIBAI, WIDOW OF LATE SHRI MAUGI BICA

Decided: 8 January 2026
Disposal: Disposed Off
Bench: JITENDRA SHANTILAL JAIN

Holding

The court allowed the appellant to withdraw the appeal with liberty to revive the suit once the legal heirs are brought on record, and dismissed the accompanying interim application.

Summary

The appellant, Royal Distillery Private Limited, appealed an order in a suit where the sole respondent, Smt. Somaibai, had died. The trial court had not placed the legal heirs of the deceased on record, raising the possibility of the suit being abated. The appellant sought leave to withdraw the appeal, requesting liberty to revive the suit if the heirs were subsequently recorded. The court permitted the withdrawal of the appeal on the condition that the legal heirs be brought on record, and ordered that the interim application filed alongside the appeal would not survive. Consequently, the appeal was disposed of and the suit may be revived upon compliance with the stipulated condition.

Issues considered

Whether an appeal may be withdrawn when the sole respondent has died and legal heirs are not on record
Whether the suit would abate in the absence of legal heirs
Whether the court can grant liberty to revive the suit upon inclusion of legal heirs

Subjects

death of party
legal heirs
withdrawal of appeal
suit abatement
civil procedure

Judgment

                                                                     16-AO-20-2017.DOCX


                                                                                      rsk
                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CIVIL APPELLATE JURISDICTION

                                   APPEAL FROM ORDER NO.20 OF 2017
                                                 WITH
                                    CIVIL APPLICATION NO.22 OF 2017

                        M/S. Royal Distillery Private Limited … Appellant
                        Versus
                        Smt. Somaibai, Widow of Late Shri
                        Maugi Bica                        … Respondent

                        Mr. N. Nayyar i/b AZB Partners, for Appellant.



                                               CORAM : Jitendra Jain, J.
                                               DATED : 08 January 2026
                        P.C.:-

                        1.       The learned counsel for the appellant states that the
                        sole respondent has passed away and no steps are taken in
                        the Trial Court to bring legal heirs on record and this would
                        result into suit being abated.

                        2.       In view of above, learned counsel for the appellant
                        seeks leave of the Court to withdraw the present appeal with
                        liberty to make an appropriate application for revival of this
           Digitally
           signed by
           RAJESHWARI
                        appeal, if the legal heirs are brought on record in the Trial
RAJESHWARI SUBODH
SUBODH     KARVE
KARVE      Date:
           2026.01.08
           15:59:27
           +0530
                        Court.

                        3.       Appeal   is   disposed    of   in   the   above   terms.
                        Consequently, Civil/Interim Application does not survive.



                                                                     (Jitendra Jain, J.)
                                                      Page 1
         16-AO-20-2017.DOCX




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