Bombay High Court

KRUSHNA VASANT SONWANE AND OTHERSversusSATRAMDAS TAKHATMAL CHABDIYA

Disposal: DISMISSED
Bench: PRADEEP B GHUGE REGISTRAR JUDL

Holding

An appeal cannot proceed and is dismissed or abated when the appellant is deceased or cannot be served notice and no representative is appointed.

Summary

The Court noted that Appellant Nos.1 and 3 were reported dead and no legal representatives were brought on record, leading to the abatement of their appeals. Appellant No.2 could not be served notice because the address on record was incorrect, and the appellant appeared uninterested in pursuing the matter. The Advocate for the appellants had previously filed a discharge petition. In view of the lack of service and representation, the Court held that the appeals could not proceed. Consequently, the appeals of Appellant Nos.1 and 3 were abated and the appeal of Appellant No.2 was dismissed.

Issues considered

Whether an appeal can continue when the appellant is deceased or cannot be served notice and has not appointed a representative

Subjects

appeal
abated appeal
service of notice
death of party
dismissal

Judgment

                                 1

     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                BENCH AT AURANGABAD

                 17. SECOND APPEAL NO. 251 OF 1998

           KRUSHNA VASANT SONWANE AND OTHERS
                           VS
              SATRAMDAS TAKHATMAL CHABDIYA
                       …….

                                          CORAM: P. B. GHUGE
                                           REGISTRAR (JUDL)
                                             DATE :    18 / 03 /2026

1.          None present. The Court notice of Appellant Nos.1 and

3 returned unserved as both Appellant Nos.1 and 3 are reported

dead as per bailiff report. No steps are taken to bring their legal

representatives on record. The appeal of Appellant Nos. 1 and 3

stands abated.

2.          So far as Appellant No.2 is concerned, the Court notice

is returned unserved as Appellant No.2 is not residing on given

address.   It appears that the appellants are not interested to

prosecuted the matter since long period.              The Advocate

representing appellants filed discharge pursis way back.

3.          In view of the same, appeal of Appellant No. 2 stands

dismissed for want of steps.



                                             REGISTRAR (JUDL.)

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