Bombay High Court

KISAN PANDURANG GARAD.versusSUMAN APPARAO LOMATE.

Disposal: DISPOSED OFF

Holding

The appeal abated upon the appellant's death and was disposed of as infructuous.

Summary

In a second appeal filed by Kisan Pandurang Garad against Suman Apparao Lomate, the appellant's counsel submitted that a notice was sent to the appellant, who had since died, as evidenced by a postman's endorsement on the envelope stating “Deceased, return to sender”. The court accepted the evidence, noting the appellant's death rendered the appeal abated. Consequently, the court held that the appeal had become infructuous. The appeal was therefore disposed of without further hearing. No substantive merits of the underlying dispute were addressed.

Issues considered

Does the death of an appellant cause a pending appeal to abate and become infructuous?

Subjects

appeal abatement
death of party
infructuous appeal
civil procedure

Judgment

                                                              sa361.96
                                  -1-


        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   BENCH AT AURANGABAD

               911 SECOND APPEAL NO. 361 OF 1996

                     Kisan Pandurang Garad.
                              VERSUS
                     Suman Apparao Lomate.
                                 ...
Advocate for Appellant : Mr. Shavadsing Pawar
Advocate for Respondents : Mr. Kishor J. Ghute Patil
                                 …..

                         CORAM : SANJAY A. DESHMUKH, J.
                         DATED : 01st OCTOBER, 2026

PER COURT :-


1.        Learned advocate for the appellant submits that the notice

was sent to the appellant and it has been reported that he is no more.

There is an endorsement of the postman on the envelope stating,

“Deceased, return to sender”. He, therefore, submits that the appeal

has abated. A copy of the communication, along with the tracking

consignment report and the envelope, is taken on record and marked

as “X-1” collectively.


2.        In view of the abatement, the appeal deserves to be

disposed of as having become infructuous. The appeal is accordingly

disposed of.



                                   (SANJAY A. DESHMUKH, J.)

rlj/

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