Bombay High Court

RANGRAO KRISHNA PATIL and ORS.versusSHRI.GULAB GHANSHYAM SOLASE and ORS.

Disposal: ABATED

Holding

The appeal is abated and disposed of because the parties have died and no representatives are present to continue the proceedings.

Summary

The appeal, originally filed in 2002, was listed for final hearing in October 2026. The appellants' counsel informed the court that both appellants had died during the pendency of the appeal and that no legal representatives could be contacted. The respondent's counsel argued that, given the death of the parties and the lack of representation, the appeal could no longer proceed. The court considered the procedural rule that an appeal is abated when the parties die and no representative appears. Accordingly, the court disposed of the appeal as abated, effectively terminating the proceedings.

Issues considered

What is the effect on a pending civil appeal when all parties have died and no legal representatives are available?

Subjects

abated appeal
death of parties
civil appellate jurisdiction
procedural law

Judgment

15-FA-316-2002 (C).docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR

CIVIL APPELLATE JURISDICTION

FIRST APPEAL NO. 316 OF 2002

Rangrao Krishna Patil & Anr. …...Appellants
Versus
Gulab Ghanshyam Solase & Ors. …...Respondents

——————
Mr. Tejas V. Shelake a/w. Ms. Sonal S. Nalawade i/b. Mr. P.D. Dalvi for
Appellants.
Ms. Asmita Killedar i/b. Mr. P.R. Arjunwadkar for Respondent No.1.
——————

Coram : ASHWIN D. BHOBE, J.

Date : 1st October 2026.

PER COURT :

1. On 24th September 2021, the following order was passed:

1. On 10th September 2026, the following order was passed :
“1. This Appeal is of the year 2002.

2. Today, when this Appeal was called out, neither the Appellants,
Respondents, nor the Advocates for the parties were present in
Court either physically or through VC mode.

3. To afford an opportunity to the Appellants / Respondents /
Advocates for the parties to appear and argue the case, list this
Appeal on 24.09.2026, under the caption "For Disposal", on the
Supplementary Board.”

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15-FA-316-2002 (C).docx

2. Today, Ms. Sonal Nalawade, learned Advocate for the Appellants
appears and again makes a request for an adjournment.

3. This Appeal is of the year 2002. As such, this Court was reluctant
to grant an adjournment. However, considering the request made
by Ms. Sonal Nalawade, learned Advocate for the Appellants, an
opportunity is granted.

4. Ms. Sonal Nalawade, learned Advocate for the Appellants states
that no further adjournment will be sought and requests that the
matter be listed and taken up for final hearing at 4:30 p.m.

5. List the matter on 1st October 2026, under the caption “Prioritized
Cases – Final Hearing Board.”

6. Ms. Sonal Nalawade, learned Advocate for the Appellants states
that she would give private notice to the Respondents and file an
affidavit of service in the Registry on or before the next date of
hearing.”

2. Today, Mr. Tejas Shelake, learned Advocate for the Appellants, states

that both the Appellants have passed away during the pendency of the

Appeal and that he has no contact with the legal representatives of the

Appellants. He further states that even the legal representatives of the

Appellants have not contacted him.

3. Ms. Asmita Killedar, learned Advocate for the Respondent No.1,

submits that, in view of the statement made by Mr. Tejas Shelake, learned

Advocate for the Appellants, and in view of the death of both the Appellants,

the Appeal stands abated.

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15-FA-316-2002 (C).docx

4. In view of the statement made by Mr. Tejas Shelake, learned Advocate

for the Appellants, the Appeal is disposed of as abated.

5. Fist Appeal No. 316 of 2002 stands disposed of as abated.

[ ASHWIN D. BHOBE, J. ]

Digitally signed
by OMKAR
SHIVAHAR
OMKAR KUMBHAKARN
SHIVAHAR
KUMBHAKARN Date:
2026.10.01
19:34:06
+0530

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