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Bombay High Court

SUNIL LAXMAN YEVALKEARversusDATTATRAYA BALAJI DUBERKAR and ANR.

Decided
Disposal
Disposed Off

Holding

The appeal abated upon the appellant's death and may be set aside only upon an application by a legal heir.

Summary

The appellant, Sunil Laxman Yevalekar, died on 28 December 2025 and no legal heirs were placed on record. The High Court noted that the second appeal therefore abated. The counsel for the appellant indicated efforts to locate an heir, but the court held that the appeal had already abated and could only be revived if an heir applied to set aside the abatement. Consequently, the second appeal and the pending interim applications were disposed of. The order was signed by Justice Sandeep V. Marne on 24 September 2026.

Issues considered

  • What is the effect of the death of an appellant on a pending appeal when no legal heir is on record?
  • Can an appeal that has abated due to the appellant's death be revived by a later application from a legal heir?

Subjects

  • appeal abatement
  • death of party
  • legal heirs
  • civil procedure
  • setting aside abatement

Judgment

Neeta Sawant                                                    17-SA-566-2020.docx


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       CIVIL APPELLATE JURISDICTION


                      SECOND APPEAL NO. 566 OF 2020
                                        WITH
                  INTERIM APPLICATION N O. 14148 OF 2023
                                        WITH
                   INTERIM APPLICATION NO. 950 OF 2014


Sunil Laxman Yevalekar                                              ...Appellant


                    : Versus :


Dattatray Balaji Duberkar & Ors.                                   ...Respondents



Mr. Gaurav Ugale i/b. Mr. Shriram S. Kulkarni, for the Appellant.

Mr. Amey Deshpade, through V.C. for the Respondent.



                                             CORAM:        SANDEEP V. MARNE, J.
                                             DATED:        24 SEPTEMBER 2026.


P.C.:


1)                On 11 September 2026, following order was passed :
                  1.     The Appellant has passed away on 28 December 2025. No
                  steps are taken to bring his legal heirs on record. The Appeal has
                  actually abated. By way of last chance, list the Appeal on 24
                  September 2026.


                                        PAGE NO. 1 of 2
                                  Thursday, 24 September 2026
                      Neeta Sawant                                              17-SA-566-2020.docx


                      2)             Today again, Mr. Ugale the learned counsel appearing for
                      the Appellant submits that efforts are being made to contact the legal
                      heir of the deceased Appellant.      As observed in the order dated 11
                      September 2026, the Appeal has already abated. In the event, legal
                      heirs are interested in prosecuting the Appeal, they shall always be at
                      liberty to apply for setting aside the abatement. The Second Appeal is
                      accordingly disposed of. The Interim Applications also stand disposed
                      of.
         Digitally
         signed by
         NEETA
NEETA    SHAILESH
SHAILESH SAWANT
SAWANT Date:
         2026.09.24
         17:06:38
         +0530
                                                                      [SANDEEP V. MARNE , J.]




                                                        PAGE NO. 2 of 2
                                                  Thursday, 24 September 2026


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