Bombay High Court

Laxman Dhaku Vast Since DeceasedversusKashiram alias Kashinath Dhaku Vast Since Deceased

Disposal: Disposed Off

Holding

The appeal stands disposed of as abated by operation of law due to the death of the sole appellant.

Summary

In a second appeal before the Bombay High Court, the sole appellant, Laxman Dhaku Vast, was reported to have died. No representative appeared on behalf of the appellant when the matter was called. Counsel for the respondents informed the court of the appellant's death. The court noted the absence of any party to continue the proceedings. By operation of law, the appeal could not proceed and was therefore disposed of as abated.

Issues considered

Whether a civil appeal can continue when the sole appellant has died.

Subjects

abated appeal
death of party
civil procedure
high court
appeal abatement

Judgment

                                                                   22-IA-3078-2025.doc


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              CIRCUIT BENCH AT KOLHAPUR
                              CIVIL APPELLATE JURISDICTION
                          INTERIM APPLICATION NO. 3078 OF 2025
                                           IN
                             SECOND APPEAL NO. 620 OF 2004

             Laxman Dhaku Vast Since Deceased                   …Applicant
                   Vs.
             Kashiram Alias Kashinath Dhaku Vast Since Deceased…Respondent
             None for the Applicant
             Mr. Sudhakar G. Thorat with Mr. J. Angthekar, advocate for
             Respondent Nos.1-2, 1-4 to 1-6.

                                   CORAM : RAJESH S. PATIL, J.
                                   DATE     : 3 SEPTEMBER 2026


             P. C. :
             1.      Learned counsel Mr. Thorat submits that the sole appellant

             has died.
IRESH
MASHAL


Digitally
             2.      None appears for the Appellant when the matter is called out.
signed by
IRESH
MASHAL
Date:
2026.09.04
09:45:52
+0530
             Since the appellant has died, the Second Appeal stands disposed of

             as abated by operation of law.



                                                            (RAJESH S. PATIL, J.)




             Iresh

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