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Bombay High Court

SHRI ANAND BABURAO PANDAGALEversusMR. RAJESH VALCHAND SHAH THRU. HIS C.A. MR. PAHLAJ BULCHAND NARSINGHANI AND ORS.

Decided
Disposal
Dismissed

Holding

The appeal is abated due to the appellant's death and is disposed of, and the civil application does not survive and is likewise disposed of.

Summary

The appellant, Anand Baburao Pandagale, died during the pendency of a first appeal (No. 997 of 2018) and a related civil application (No. 1894 of 2018). The court ordered service of notice on the appellant's legal heirs. No representative appeared on behalf of the deceased appellant, and the respondent filed an affidavit of service. The court held that, in the absence of any appearance by the appellant or his heirs, the appeal is abated. Consequently, the appeal was disposed of, and the civil application, which could not survive the appellant's death, was also disposed of.

Issues considered

  • What is the effect of the appellant's death on the pending appeal?
  • Does the civil application survive the death of the appellant?

Subjects

  • death of party
  • abated appeal
  • service of notice
  • civil application disposal
  • procedural law

Judgment

                   ppn                              1                      27. FA-997-2018.doc


                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        CIVIL APPELLATE JURISDICTION
             Digitally signed
             by PRACHI
PRACHI       PRANESH
PRANESH      NANDIWADEKAR               FIRST APPEAL NO. 997 OF 2018
NANDIWADEKAR
             Date: 2026.03.04
             17:34:19 +0530                         WITH
                                     CIVIL APPLICATION NO. 1894 OF 2018

             Anand Baburao Pandagale                              ….Appellant/Applicant

                         Versus

             Rajesh Valchand Shah,
             Through His C.A.
             Pahlaj Bulchand Narsinghani & Ors.         .…Respondents
             __________________________________________________________________

             None for the Appellant/Applicant.
             Mr. Prasad B. Kulkarni i/by Mr. Suhas S. Ghorpade for Respondent No.1.
             __________________________________________________________________

                                                 CORAM : JITENDRA JAIN, J.
                                                 DATED : 04th MARCH 2026


             P. C. :

             1.        The learned counsel for the Respondent states that the appellant has
             passed away. Therefore, an order was passed on 4 February 2026 to serve
             the legal heirs of the appellant.

             2.        Mr. Ghorpade, learned counsel for respondent no.1 has filed affidavit
             of service in the registry.

             3.        Since there is no appearance on behalf of the appellant and the
             appellant having died, the appeal stands abated and is disposed of
             accordingly. Consequently, civil application also does not survive and is
             disposed of.


                                                                  [ JITENDRA JAIN, J. ]


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