Bombay High Court
SHRI.SANTAJI MANSING KARANDEversusSMT.KALAVATI PANDHARINATH SOMVANSHI
- Disposal
- ABATED
Holding
The death of a sole respondent results in the abatement of the civil proceedings, leading to disposal of the application.
Summary
The applicant, Shri Santaji Mansing Karande, filed a civil revision (No. 670 of 2011) against Smt. Kalavati Pandharinath Somvanshi. During the proceedings, counsel for the sole respondent informed the court that the respondent had died and filed a pursis under Order XXII Rule 10A of the CPC. The court noted that the death of the sole respondent caused the suit to abate under the provisions of the Code of Civil Procedure. Consequently, the court directed the parties to take steps in furtherance of the respondent's death and stood the matter over. Ultimately, the court disposed of the revision application as abated, concluding that no further adjudication was possible.
Issues considered
- What is the effect of the death of a sole respondent on pending civil proceedings?
Legislation cited
- Code of Civil Procedure, 1908 — s. Order XXII Rule 10A
Subjects
- civil procedure
- abeyance
- death of party
- revision
- order xxii rule 10a
Judgment
61-Cra-670-2011.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
CIVIL REVISION APPLICATION NO. 670 OF 2011
Shri. Santaji Mansing Karande … Applicant
Versus
Smt. Kalavati Pandharinath Somvanshi … Respondent
——————
Mr. Dilip Bodake a/w. Mr. Amar Dhumal, Mr. Viraj Dhumal & Mr. Pruthviraj
Dagade for the Applicant.
Mr. Arjun A. Mohite i/b. Mr. Kirankumar Phakade for the Respondent.
——————
Coram : ASHWIN D. BHOBE, J.
Date : 17th August 2026.
PER COURT :
1. On 12th June 2026, the following order was passed :
“1. Learned counsel appearing for the sole respondent submits
that the respondent has expired. He seeks some
accommodation.
2. Learned counsel for the respondent is therefore directed to
file a pursis on record informing the exact date of death of
the respondent.
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61-Cra-670-2011.docx
3. In the meanwhile, the appellant is also directed to take
steps in furtherance of the death of the sole respondent.
4. Stand over to 24/07/2026.”
2. Record indicates that, on 12th June 2026, Mr. Kirankumar Phakade,
learned Advocate for the sole Respondent, has discharged his duties under
Order XXII Rule 10A of the Code of Civil Procedure.
3. In view of the death of the sole Respondent, the proceedings stand
abated.
4. The Civil Revision Application No. 670 of 2011 is accordingly disposed
of as abated.
[ ASHWIN D. BHOBE, J. ]
Digitally signed
by OMKAR
SHIVAHAR
OMKAR KUMBHAKARN
SHIVAHAR
KUMBHAKARN Date:
2026.08.17
20:06:51
+0530
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