Bombay High Court

PURUSHOTTAM BHAGWAN SAPKALEversusNARAYAN TRIMBAK JOSHI

Disposal: ABATED

Holding

The appeal stands abated due to the death of the sole respondent and the appellant's failure to bring on record any legal representatives or heirs.

Summary

The appellant, Purushottam Bhagwan Sapkal, filed a second appeal in 2018 against respondent Narayan Trimbak Joshi. The respondent died on 25 December 2024, and a pursis with the death certificate was filed on 3 February 2025. The appellant was given an opportunity on 5 August 2026 to present the legal representatives or heirs of the deceased but failed to do so despite ample time. The Registrar applied Rule 6(2) of Chapter VII of the Bombay High Court Appellate Side Rules, 1960, which provides that an appeal abates upon the death of a sole respondent if no representation is made. Consequently, the appeal was held to stand abated. The appeal was therefore dismissed without further hearing.

Issues considered

Does the death of a sole respondent without representation of heirs cause an appeal to abate under Rule 6(2) of the Bombay High Court Appellate Side Rules, 1960?

Subjects

death of party
abated appeal
high court rules
representation of deceased
procedural law

Judgment

                                  1

     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                BENCH AT AURANGABAD

               35. SECOND APPEAL NO. 174/2018

               PURUSHOTTAM BHAGWAN SAPKAL
                           VS
                  NARAYAN TRIMBAK JOSHI
                            …….

                             CORAM:      RAJESH A. SASNE
                                          REGISTRAR (JUDL)
                               DATE :    02 / 09 /2026

.     None present.

2.    Learned Advocate Shri L. V. Sangit appearing on behalf of sole

Respondent had filed pursis dated 03.02.2025, informing that sole

respondent i.e. Narayan Trimbak Joshi has expired on 25.12.2024.

The copy of Death Certificate of sole Respondent is also attached to

said pursis.    The said pursis was also served on Advocate for

Appellant on 03.02.2025 itself. The fact of filing of said pursis

informing about death of sole Respondent was notified on

04.05.2026.     Subsequently, by an order dated 05.08.2026, an

opportunity was granted to the Appellant to take requisite steps.

3.    In spite of sufficient time and opportunity, the Appellant has

failed to take any steps for bringing on record the legal

representatives and heirs of deceased sole Respondent. The appeal
                                  2

pertains to the year 2018. No effective steps have been taken by

the Appellant for bringing on record the legal heirs of deceased sole

Respondent. The Appellant has availed reasonable period, but not

steps are taken.

3.    In view of Rule 6(2) of Chapter VII of the Bombay High

Court, Appellate Side Rules, 1960, the appeals stands abated due to

death of sole respondent.



                                              REGISTRAR (JUDL.)

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