Bombay High Court

K.S.SREENIVASANversusV.VENKATARAMAN and ORS.

Decided: 2 July 2026
Disposal: Disposed Off
Bench: RAJESH S PATIL

Holding

The first appeal stands abated due to the death of the appellant and absence of authorized instructions.

Summary

The appellant K.S. Sreenivasan filed a first appeal in 2007 which resurfaced in the High Court of Bombay on 2 July 2026. The respondent filed a praecipe for circulation, but no representative appeared for the respondent. The appellant's counsel, Mr. Akash Singh, informed the court that the appellant had died and the legal heirs, now residing in the United States, had not provided any instructions. The court was asked to determine whether the appeal had become infructuous due to the appellant's death. The judge held that, in the absence of a surviving party or authorized representative, the appeal could not proceed. Consequently, the appeal was declared abated. The matter was adjourned for directions regarding the status of the appeal.

Issues considered

Whether a first appeal becomes infructuous or abated upon the death of the appellant and lack of instructions from legal heirs

Subjects

appeal
abated
death of party
civil procedure
representation

Judgment

                                                          8. FA 633-2007.doc


           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CIVIL APPELLATE JURISDICTION

                    FIRST APPEAL NO. 633 OF 2007

K. S. Sreenivasan                                        ..Appellant

        Versus

V. V. Venkatraman & ors.                                 ..Respondents

Mr. Akash Singh i/b. Mr. Sunil Singh, Advocates, for the Appellant
Mr. Zain A. K. Najam-es-Sani, Advocate, for Respondent No. 1
Mr. R. S. Tendulkar, AGP, for the Respondent – State

                           CORAM : RAJESH S. PATIL, J.

                           DATE       : 2 JULY, 2026
P. C.

1.      On 18 June, 2026, the following Order was passed which reads

as under :-

        “1) This matter is taken up on board since the advocate
        appearing for the respondent no.1 has placed a praecipe
        for circulation of the above first appeal.

        2)   None appeared for the respondent no.1 when the
        matter is called out.

        3)    Learned advocate appears on behalf of the
        appellant and is seeking accommodation as according to
        him, suddenly this matter has come up on board after
        admission in the year 2007.

        4)    Stand over to 2 July, 2026. Matter to come up on
        board under the caption ‘For Directions’, in order to
        enable the appellant’s advocate, to take instructions from
        his client, whether this First Appeal has now become
        infructuous.”

Anand                             1 of 2
                                                           8. FA 633-2007.doc


2.      Mr. Akash Singh, learned Counsel for the Appellant submits that

he has no instructions from the legal heirs of the Appellant, who have

now shifted to U.S. and are U.S. Citizens.

3.      Since the Appellant has died, this First Appeal has abated.

4.      The First Appeal stands abated.


                                                    (RAJESH S. PATIL, J.)




Anand                            2 of 2

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