Bombay High Court

MR. G. CHANDRA SHEKARANversusSHIVSHAHI PUNARVAN PRAKLAP LIMITED AND ANR.

Decided: 20 February 2026
Disposal: Disposed Off
Bench: SHARMILA U DESHMUKH

Holding

The appeal was abated and disposed of due to the death of the sole appellant.

Summary

The appellant, G. Chandra Shekaran, filed a first appeal before the High Court of Bombay against Shivshahi Punarvan Prakalp Ltd. and another respondent. During the pendency of the appeal, the appellant passed away, and his death certificate was produced before the court. The learned counsel for the appellant submitted that the sole appellant had expired. The court accepted the death certificate as evidence. Considering the death of the sole appellant, the court held that the appeal could not continue and was therefore abated. Consequently, the appeal was disposed of without any substantive determination on the merits.

Issues considered

Whether a civil appeal can continue when the sole appellant has died before the disposal of the appeal

Subjects

death of party
abated appeal
civil procedure
high court
procedural law

Judgment

          Digitally
          signed by
          SHAGUFTA
SHAGUFTA  QUTBUDDIN
QUTBUDDIN PATHAN
PATHAN    Date:
                                                                            15-FA-155-2026.doc
          2026.02.21
          15:50:08
          +0530
                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        CIVIL APPELLATE JURISDICTION

                                           FIRST APPEAL NO.155 OF 2026

                   G. Chandra Shekaran                          … Appellant
                          Versus
                   Shivshahi Punarvan Prakalp Ltd. & Anr.       … Respondents

                  Mr. Hemant Ghadigaonkar for the Appellant

                  Ms. Ruchi Patil i/b Mr. Vijay Dinkarrao Patil for the Respondent No.1

                                             CORAM : SHARMILA U. DESHMUKH, J.
                                             FRIDAY, 20th FEBRUARY 2026


                  P.C :

                  1           Learned counsel appearing for the appellant submits

                  that the sole appellant has expired.        He tenders the Death

                  Certi$cate. The same is taken on record. The First Appeal stands

                  disposed of as abated.


                                                     SHARMILA U. DESHMUKH, J.




      SQ Pathan                                                                            1/1

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