Bombay High Court
SHIVAJIRAO B. YADAVversusSAHABRAO B. YADAV AND ORS
- Disposal
- ABATED
Holding
By operation of law, the second appeal stands abated upon the death of the sole appellant.
Summary
The appellant, Shivajirao B. Yadav, filed a second appeal in a civil matter. During the pendency of the appeal, the appellant died, as evidenced by a letter addressed to him that was returned undelivered by the postal department on 4 October 2022. The appellant's counsel informed the court of his death. The court held that, by operation of law, the second appeal stands abated upon the death of the sole appellant. Consequently, all pending interim and civil applications related to the appeal were ordered to be disposed of.
Issues considered
- Does the death of a sole appellant automatically abate a pending civil appeal under the law?
Subjects
- death of party
- abated appeal
- civil procedure
- second appeal
- interim applications
Judgment
6-SA-4-1997-(C).docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
SECOND APPEAL NO. 4 OF 1997
WITH
CIVIL APPLICATION NO. 74 OF 1997
IN
SECOND APPEAL NO. 4 OF 1997
Shivajirao B. Yadav … Appellant
V/s.
Sahabrao B. Yadav And Ors … Respondents
Mr. Ajay Rajenimbalkar i/b Mr. S. S. Patwardhan, advocate for the
Appellant
CORAM : RAJESH S. PATIL, J.
DATED : OCTOBER 1, 2026
P.C.:
1. Learned counsel for the Appellant submits that the sole
Appellant has died and this has come to their knowledge as a letter
addressed to the Appellant by RPAD has been returned by the
IRESH
MASHAL
Postal Department on 4 October 2022.
Digitally signed
by IRESH
MASHAL
Date:
2026.10.01
19:25:05
+0530 2. By operation of law, Second Appeal stands abated.
3. In sequel, all pending Interim/Civil Applications stand
disposed of accordingly.
(RAJESH S. PATIL, J.)
1/1
Iresh
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