Bombay High Court
GANPATI DAJI YEVALE and ANR.versusTARABAI ATMARAM GHADAGE (DESD) LRS
- Disposal
- Dismissed
Holding
The appeal was dismissed as abated due to the failure to bring the legal heirs of the deceased respondent on record.
Summary
The appellants filed a second appeal against the respondents. During the pendency of the appeal, Respondent No.1B died, and the court directed that the legal heirs of the deceased be brought on record. No steps were taken to comply with this direction. Consequently, the court held that, by operation of law, the appeal could not proceed without the heirs being impleaded. The appeal was therefore dismissed as abated.
Issues considered
- Whether a civil appeal can continue when a party has died and the legal heirs have not been brought on record.
Subjects
- abated appeal
- legal heirs
- death of party
- civil procedure
- second appeal
Judgment
10-1154-04-sa.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
SECOND APPEAL NO. 1154 OF 2004
Ganpati Daji Yevale & Anr. ....Appellants
Vs.
Tarabai Atmaram Ghadage (desd) Lrs ....Respondents
Mr. Sharad T. Bhosale i/b Mr. Dilip Bodake a/w Mr. Amar P. Dhumal,
advocate for the Appellants
Mr. Nikhil Wadikar (through VC) i/b Mr. Nandu Pawar, advocate for
Respondent No. 2
CORAM : RAJESH S. PATIL, J.
DATE : 27 AUGUST 2026
P. C. :
1. The order dated 13 August 2026 records that Respondent
No.1B has died and steps need be taken to bring on record legal
IRESH
MASHAL
heirs. Office note shows that the Second Appeal stands abated as
Digitally signed
by IRESH
MASHAL
Date:
2026.08.28
11:26:06
+0530
against Respondent No.6A as per Registrar (Judicial-II) order dated
1 October 2018.
2. Since no steps have been taken to bring on record the legal
heirs of Respondent No.1B, due to operation of law, the Second
Appeal stands dismissed as abated.
[RAJESH S. PATIL, J.]
1 of 1
Iresh
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