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Bombay High Court

RAMBHAU PATILBUA DARADE THR LRS TULSABAI RAMBHAU DARADE and ORSversusSTATE OF MAH THR COLLECTOR BEED

Disposal
DISMISSED

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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