Bombay High Court
SHRI.SHARAD SAHADU HARGUDEversusSHRI. YESHWANT BALASAHEB HARGUDE
- Decided
- Disposal
- Disposed Off
Holding
The appeal does not abate; the court may allow amendment to bring on record the legal representatives of the deceased respondent.
Summary
The appellant Yeshwant Balasaheb Hargude filed an interim application seeking direction that the appeal be abated against the deceased respondent Sharad Sahadu Hargude, who died on 17 January 2021. The court noted that while the death and the names of the legal heirs were communicated, no steps were taken to bring those heirs on record. Although the appeal would normally abate, the court allowed the appellant an opportunity to continue by permitting the legal representatives of the deceased to be added to the case. The court ordered that Smt. Meena Devidas Khandave and Smt. Maya Shamrao Kotwal be recorded as the legal representatives and that the appellant pay Rs. 5,000 costs to the respondents. The interim application was thereby disposed.
Issues considered
- Whether the appeal abates upon the death of a respondent
- Whether the court can permit amendment to include legal representatives of the deceased
- Whether costs can be imposed on the appellant for delay
Subjects
- appeal abatement
- death of party
- legal representatives
- costs
- civil procedure
Judgment
2026:BHC-AS:41083
Renuka Thakur 2-SA-336-2005.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
SECOND APPEAL NO. 336 OF 2005
WITH
INTERIM APPLICATION NO. 688 OF 2019
Yeshwant Balasaheb Hargude ...Appellant
V/s.
Sharad Sahadu Hargude ...Respondent
WITH
INTERIM APPLICATION NO. 7658 OF 2026
Sharad Sahadu Hargude ...Applicant
V/s.
Yeshwant Balasaheb Hargude ...Respondent
________________
Mr. Aum Kini i/b Mr. J. S. Kini for Appellant.
Mr. S. M. Railkar for Respondent No. 1.
________________
CORAM: SANDEEP V. MARNE, J.
DATED: 8 OCTOBER 2026.
P.C.:
1) Interim Application No. 7658 of 2026 is filed seeking
direction that the Appeal has abated against Respondent No. 1 who has
passed away on 17 January 2021. It appears that the factum of death of
Respondent No. 1 as well as names of legal heirs of Respondent No. 1 are
communicated to the advocate for the Appellant by letter dated 25
February 2025. However, no steps are taken to bring on record legal heirs
Page No.1 of 2
8 OCTOBER 2026
Renuka Thakur 2-SA-336-2005.docx
of Respondent No. 1. Ordinarily, this Court would have directed
abatement of Appeal against Respondent No. 1. However, with a view to
grant an opportunity to the Appellant to prosecute the Appeal against
Respondent No. 1, I deem it appropriate to direct names of legal
representatives of Respondent No. 1 to be brought on record. However,
for the negligent act of the Appellant some costs are required to be
imposed. Accordingly, I proceed to pass the following order:-
(i) Names of Smt. Meena Devidas Khandave and Smt.
Maya Shamrao Kotwal are permitted to be brought on record
as legal representatives of Respondent No. 1. Amendment to
be carried out forthwith.
(ii) Mr. Railkar submits that he has instructions to appear
on behalf of legal heirs of Respondent No. 1.
(iii) Appellant to pay cost of Rs. 5000/- to the Respondents
within a period of four weeks. Amount of costs shall be
handed over to the advocate appearing for the Respondents
within a stipulated time.
2) With the above directions, Interim Application No. 7658 of
2026 is disposed of.
[SANDEEP V. MARNE, J.]
Signed by: Renuka S Thakur
Page No.2 of 2
Designation: PA To Honourable Judge 8 OCTOBER 2026
Date: 09/10/2026 17:17:02
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.