Bombay High Court

SHESHMAL DAGDURAM BHANDARI and ANOTHER.versusBABU MAHADU KHARADE (L.RS.) CHANDRABHAGABAI and ORS.

Disposal: DISPOSED OFF

Holding

The appeal is abated and disposed because the appellants and their authorized representative are no longer alive.

Summary

The appellants, Sheshmal Dagduram Bhandari and another, filed a 20th Second Appeal before the Bombay High Court, Aurangabad Bench. During the proceedings, the learned counsel informed the court that both appellants and their holder of power of attorney, Popatlal Shobhachand Meher, had died. To substantiate this claim, the counsel produced an envelope marked “X‑1” that was sent in the name of the deceased power of attorney holder. The court accepted the evidence and examined whether the appeal could continue in the absence of the parties and their authorized representative. Finding that the appeal could not be pursued, the court held that the appeal was abated and consequently disposed of.

Issues considered

Whether an appeal can continue when the appellants and their power of attorney holder are deceased

Subjects

appeal
abated appeal
death of parties
power of attorney
procedural law

Judgment

2026:BHC-AUG:39612


                                                                             sa414.96
                                                   -1-


                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                                20 SECOND APPEAL NO. 414 OF 1996

                             Sheshmal Dagduram Bhandari And Another.
                                               VERSUS
                      Babu Mahadu Kharade (l.rs.) Chandrabhagabai And Ors.
                                                   ...
                 Advocate for Appellant : Mr. V.S. Bedre.
                                                   …..

                                      CORAM : SANJAY A. DESHMUKH, J.
                                      DATED : 31st AUGUST, 2026

                 PER COURT :-


                 1.       Learned advocate for the appellants submits that both the

                 appellants as well as their power of attorney holder are no more. In

                 support of his submission, he has tendered across the bar an

                 envelope sent in the name of power of attorney Popatlal

                 Shobhachand Meher. The said communication is taken on board

                 and marked “X-1” for identification.



                 2.       In view of above, the appeal is abated and hence, disposed

                 of.



                                                    (SANJAY A. DESHMUKH, J.)

                 rlj/

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