Bombay High Court
SHRI ANAND BABURAO PANDAGALEversusMR. RAJESH VALCHAND SHAH THRU. HIS C.A. MR. PAHLAJ BULCHAND NARSINGHANI AND ORS.
- Decided
- Disposal
- Dismissed
Holding
The appeal is abated due to the appellant's death and is disposed of, and the civil application does not survive and is likewise disposed of.
Summary
The appellant, Anand Baburao Pandagale, died during the pendency of a first appeal (No. 997 of 2018) and a related civil application (No. 1894 of 2018). The court ordered service of notice on the appellant's legal heirs. No representative appeared on behalf of the deceased appellant, and the respondent filed an affidavit of service. The court held that, in the absence of any appearance by the appellant or his heirs, the appeal is abated. Consequently, the appeal was disposed of, and the civil application, which could not survive the appellant's death, was also disposed of.
Issues considered
- What is the effect of the appellant's death on the pending appeal?
- Does the civil application survive the death of the appellant?
Subjects
- death of party
- abated appeal
- service of notice
- civil application disposal
- procedural law
Judgment
ppn 1 27. FA-997-2018.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
Digitally signed
by PRACHI
PRACHI PRANESH
PRANESH NANDIWADEKAR FIRST APPEAL NO. 997 OF 2018
NANDIWADEKAR
Date: 2026.03.04
17:34:19 +0530 WITH
CIVIL APPLICATION NO. 1894 OF 2018
Anand Baburao Pandagale ….Appellant/Applicant
Versus
Rajesh Valchand Shah,
Through His C.A.
Pahlaj Bulchand Narsinghani & Ors. .…Respondents
__________________________________________________________________
None for the Appellant/Applicant.
Mr. Prasad B. Kulkarni i/by Mr. Suhas S. Ghorpade for Respondent No.1.
__________________________________________________________________
CORAM : JITENDRA JAIN, J.
DATED : 04th MARCH 2026
P. C. :
1. The learned counsel for the Respondent states that the appellant has
passed away. Therefore, an order was passed on 4 February 2026 to serve
the legal heirs of the appellant.
2. Mr. Ghorpade, learned counsel for respondent no.1 has filed affidavit
of service in the registry.
3. Since there is no appearance on behalf of the appellant and the
appellant having died, the appeal stands abated and is disposed of
accordingly. Consequently, civil application also does not survive and is
disposed of.
[ JITENDRA JAIN, J. ]
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