Bombay High Court
SOU. SUSHILA RANGARAO KADAMversusSHRI KUSHAPPA VITHU SAPATA (DECEASED) THROUGH LEGAL HEIRS
- Disposal
- Abated
Holding
The revision application was disposed of as abated due to the death of the sole applicant.
Summary
Sushila Rangarao Kadam filed a civil revision seeking to quash a 2008 judgment and confirm a 1997 decree. The applicant's counsel informed the court that the sole applicant had died, raising the question of procedural abatement. The respondents argued that the proceedings should be dismissed on the same ground. The bench considered that the death of the sole applicant caused the revision application to abate. Consequently, the court disposed of the revision application as abated, without addressing the merits of the substantive relief sought.
Issues considered
- Does the death of a sole applicant cause a civil revision application to abate?
Subjects
- civil revision
- abatement
- death of party
- procedural law
Judgment
2-CRA-413-2008 (C).docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
CIVIL REVISION APPLICATION NO. 413 OF 2008
Sou. Sushila Rangarao Kadam …...Applicant
Versus
Shri Kushappa Vithu Sapata (deceased) …...Respondents
Through Legal Heirs
1. Smt. Vithabai w/o. Kushappa Sapate & Ors.
——————
Mr. Rahul P. Walvekar a/w. Mr. Kunal Nalawade for Applicant.
Mr. Dhananjay A. Utture a/w. Ms. Revati V. Banne for Respondent Nos. 3(i) to
3(iii) and 4 to 7.
——————
Coram : ASHWIN D. BHOBE, J.
Date : 1st October 2026.
PER COURT :
1. By the present Civil Revision Application, the Applicant has sought the
following substantive relief :
“(b) That the record and proceedings be kindly called for and after going
through the same the impugned Judgment and Decree dated
24.01.2008 passed by District Judge-3, Kolhapur in Regular Civil
Appeal No. 522 of 1997 be kindly quashed and set aside and further
the Judgment and Decree dated 24.4.1997 passed by the 7 th Jt. Civil
Judge Junior Division, Kolhapur in Regular Civil Suit No. 412 of 1996
be kindly confirmed.”
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2-CRA-413-2008 (C).docx
2. Mr. Rahul Walvekar, learned Advocate for the Applicant, states that the
sole Applicant has passed away and therefore the proceedings would abate.
3. Mr. Dhananjay A. Utture, learned Advocate for Respondent Nos. 3(i)
to 3(iii) and 4 to 7, states that, in view of the death of the sole Applicant,
these proceedings have abated and therefore this Application be dismissed.
4. In view of the statement made by Mr. Rahul Walvekar, learned
Advocate for the Applicant, Civil Revision Application No. 413 of 2008 is
disposed of as abated.
[ ASHWIN D. BHOBE, J. ]
Digitally signed
by OMKAR
OMKAR SHIVAHAR
SHIVAHAR KUMBHAKARN
KUMBHAKARN Date:
2026.10.01
19:27:40 +0530
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