Bombay High Court
NANA DAMU DAHIBHATEversusGANPAT DAGDU KHAIRE AND OTHERS
- Decided
- Disposal
- Disposed Off
Holding
The appeal is abated and the civil application dismissed because the appellant died and no legal representative was appointed.
Summary
The appellant, Nana Damu Dahibhate, filed a second appeal and a related civil application. During proceedings, the appellant died and no legal representative could be identified despite efforts. The court was asked to determine whether the appeal could continue in the absence of a representative. It held that the appeal could not proceed and was therefore abated. Consequently, the civil application, which was dependent on the appeal, was also dismissed.
Issues considered
- Can a civil appeal continue when the appellant has died and no legal representative is appointed?
- Does a civil application survive the dismissal of the parent appeal?
Subjects
- abatement
- death of party
- civil appeal
- legal representation
- procedural law
Judgment
Priyanka 29-SA(ST)-35689-2017.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
SECOND APPEAL(ST) NO.35689 OF 2017
WITH
CIVIL APPLICATION NO.848 OF 2018
Nana Damu Dahibhate ...Appellant
V/s.
Ganpat Dagdu Khaire & Ors ...Respondents
________________
Digitally
signed by
Ms. Devashri G. Karandikar i/by Mr. Saurabh M. Railkar for the Appellant.
PRIYANKA
PRIYANKA MADHAVRAO
MADHAVRAO KALE
KALE Date:
2026.08.29
Mr. Manish Kelkar a/w Ms. Gauri Phadake for Respondent Nos.10 to 12.
18:17:53
+0530
________________
CORAM: SANDEEP V. MARNE, J.
DATED: 28 AUGUST 2026.
P.C.:
1) The learned counsel appearing for the Appellant submits
that, the sole Appellant has passed away and despite making best efforts,
no instructions are received for bringing on record legal representative of
the deceased Appellant.
2) The Appeal is according disposed of as abated.
3) In view of the dismissal of the Appeal, Civil Application,
does not survive and is accordingly disposed off.
[SANDEEP V. MARNE, J.]
Page No.1 of 1
28 August 2026
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