Bombay High Court
RAMBHAU PATILBUA DARADE THR LRS TULSABAI RAMBHAU DARADE and ORSversusSTATE OF MAH THR COLLECTOR BEED
- Disposal
- DISMISSED
- Bench
- SANJAY A DESHMUKH
Holding
An appeal is abated where the appellant has died and is dismissed for default where the appellant, though duly served, fails to appear or be represented.
Summary
The High Court of Bombay, Aurangabad bench dealt with three first appeals (Nos. 1105, 1104, and 1106 of 2005) filed by the Darade family against the State of Maharashtra. In Appeal No. 1105, two of the appellants were reported dead and the remaining appellants failed to appear, leading the court to dismiss the appeal in default. In Appeal No. 1104, the bailiff’s report indicated the death of the sole appellants, and the court disposed of the appeal as abated. In Appeal No. 1106, two appellants were deceased, and the surviving appellants were served but their appointed counsel, Mr. M. S. Karad, was also absent; consequently, the court dismissed the appeal for default against those appellants while abating it against the deceased. The court applied the principle that an appeal is abated when a party dies and is dismissed for default when the parties, though served, fail to appear or be represented. No substantive merits of the original disputes were addressed.
Issues considered
- Whether an appeal should be abated when an appellant dies
- Whether an appeal should be dismissed for default when the appellant is served but fails to appear or be represented
Subjects
- abated appeal
- default judgment
- death of party
- civil procedure
- high court
Judgment
2026:BHC-AUG:24052
fa1105.05-
-1-
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
931 FIRST APPEAL NO. 1105 OF 2005
Maruti Lahanu Darade and others
VERSUS
State of Maharashtra Through the Collector Beed
…..
AND
FIRST APPEAL NO. 1104 OF 2005
Rambhau Patilbua Darade Thr Lrs Tulsabai Rambhau Darade and
others
VERSUS
State of Maharashtra Through the Collector Beed
…..
AND
FIRST APPEAL NO. 1106 OF 2005
Maruti Lahanu Darade and others
VERSUS
State of Maharashtra Through the Collector Beed
…..
AGP for Respondents: Mr. B.V. Virdhe
…..
CORAM : SANJAY A. DESHMUKH, J.
DATED : 17th JUNE, 2026
PER COURT :-
1. In First Appeal No. 1105 of 2005, appellant Nos. 2 and 3
are reported to have died. Therefore, the appeal stands abated to
that extent. None appears for the remaining appellants, i.e. appellant
Nos. 1 and 4. Therefore, the appeal is dismissed in default.
2. In First Appeal No. 1104 of 2005, as per the bailiff's report,
fa1105.05-
-2-
appellant Nos. 1-A and 1-B are reported to have died. No one
appears for the appellants in the said appeal. Considering that the
appeal is pending since 2005, it deserves to be disposed of as
abated. Accordingly, the appeal is disposed of as abated.
3. Insofar as First Appeal No. 1106 of 2005 is concerned, as
per the bailiff's report, appellant Nos. 2 and 3 are reported to have
died. The appeal stands abated against appellant Nos. 2 and 3.
Insofar as appellant Nos. 1 and 4 are concerned, they have been
duly served. Learned Advocate Mr. M. S. Karad was appointed to
represent them. However, he is also absent. Therefore, the appeal
deserves to be dismissed for default insofar as appellant Nos. 1 and
4 are concerned. Accordingly, the appeal stands abated against
appellant Nos. 2 and 3 and is dismissed for default insofar as
appellant Nos. 1 and 4 are concerned.
(SANJAY A. DESHMUKH, J.)
rlj/
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