Bombay High Court

KESHAV SHANKAR SASANE (DSED) LRS.versusSHANKAR GANPATI SASANE (DESD) LRS.

Disposal: Dismissed

Holding

The second appeal is dismissed as abated by operation of law.

Summary

The appellants, Keshav Shankar Sasane (deceased) LRs., filed a second appeal against the respondents, Shankar Ganpati Sasane (deceased) LRs. The respondents' counsel submitted death extracts for Respondent No.7 (died 30 January 2018) and Respondent No.9 (died 18 February 2022), which were digitally signed and handed over to the appellants' counsel. No further action was taken by the appellants to pursue the appeal after receiving the death certificates. The Court examined whether the appeal could continue in view of the death of the parties. Applying the principle that a pending appeal is abated when the parties die and no representative steps are taken, the Court held that the appeal stands dismissed as abated. The judgment was delivered by Justice Rajesh S. Patil on 27 August 2026.

Issues considered

Whether the second appeal stands dismissed as abated due to the death of the parties and lack of further steps by the appellants

Subjects

second appeal
abated appeal
death of parties
civil appellate jurisdiction
procedure

Judgment

                                                                         9-1057-04-sa.doc


                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CIRCUIT BENCH AT KOLHAPUR
                                   CIVIL APPELLATE JURISDICTION
                                  SECOND APPEAL NO. 1057 OF 2004

                 Keshav Shankar Sasane (decd) Lrs.               ....Appellants
                      Vs.
                 Shankar Ganpati Sasane (decd) Lrs.             ....Respondents
                 Mr. N. G. Kamble, i/b Dr. Uday Warunjikar, advocate for the
                 Appellants.
                 Mr. Tanaji V. Mhatugade, advocate for Respondents

                                          CORAM : RAJESH S. PATIL, J.
                                          DATE : 27 AUGUST 2026

                 P. C. :

                 1.        Learned counsel Mr. Tanajai Mhatugade appearing for

                 Respondent Nos.1A and 1B submits that Respondent No.7 died on

                 30 January 2018 and Respondent No.9 has died on 18 February
IRESH
MASHAL
                 2022. He further submits that the death extract of both the deceased
Digitally
signed by
IRESH
MASHAL           Respondents has already been handed over to the Advocate for the
Date:
2026.08.28
11:26:27
+0530

                 Appellant alongwith names of legal representatives of the deceased

                 Respondents. However, till date, no steps have been taken by the

                 Appellants.

                 2.        In view of above, the Second Appeal automatically stands

                 dismissed as abated due to operation of law.



                                                          [RAJESH S. PATIL, J.]

                                                 1 of 1
         Iresh

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