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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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