Bombay High Court
GOKULABAI BHIMRAO SALUNKHEversusSHRI. ANILKUMAR LAXMAN BHOSALE AND ORS
- Disposal
- Disposed Off
- Bench
- SANDESH D PATIL
Holding
The appeal and interim applications are abated due to the death of the sole appellant.
Summary
The appellant, Gokulabai Bhimrao Salunkhe, filed an appeal against an order dated 2019 along with two interim applications. During the pendency of the appeal, the sole appellant passed away. The learned counsel for the appellant informed the court of the appellant's death. The court held that the death of the sole appellant results in the abatement of the appeal and the pending interim applications. Consequently, the appeal and the interim applications were disposed of as abated, though the court noted that the appellant's legal representatives could seek to set aside the abatement by filing an appropriate application.
Issues considered
- What is the effect of the death of a sole appellant on pending appeal and interim applications?
Subjects
- abated appeal
- death of party
- civil procedure
- interim application
- appeal abatement
Judgment
919-IA-2132-2019.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
APPEAL FROM ORDER [STAMP] NO.28246 OF 2019
a/w
INTERIM APPLICATION NO.2132 OF 2019
a/w
INTERIM APPLICATION NO.2131 OF 2019
(Not on board)
IN
APPEAL FROM ORDER [STAMP] NO.28246 OF 2019
Gokulabai Bhimrao Salunkhe … Appellant/Applicant
Versus
Anilkumar Laxman Bhosale and others … Respondents
***
Mr. Ketan Joshi (through V.C.), for the Appellant/Applicant.
***
Digitally signed
by SHAILAJA
SHAILAJA SHRIKANT CORAM : SANDESH D. PATIL, J.
SHRIKANT HALKUDE
HALKUDE Date:
2026.06.12
19:02:12 +0530 DATE : 12th JUNE, 2026.
P. C. :
1. Learned counsel appearing for the appellant states that sole appellant
in this Appeal from Order has expired. Hence, Appeal from Order as well as
Interim Applications stand disposed of as abated.
2. Needless to state that liberty is always there to seek setting aside
of the abatement by filing an appropriate application in accordance
with law.
[SANDESH D. PATIL, J.]
Shailaja 1
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