Created by Fuzzy Cloud

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.”




osk                               1 of 2
                                                                                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




                   osk                                   2 of 2


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.