Bombay High Court

MURLIDHAR GHISURAM GHODELE and OTHERS.versusSEETABAI HARISHCHANDRA PIPODE.

Disposal: DISMISSED

Holding

The appeal is dismissed for want of prosecution due to the death of all parties.

Summary

The matter before the Bombay High Court, Aurangabad Bench, was a second appeal (No. 541 of 1996) filed by Murlidhar Ghisuram Ghodele and others against Seetabai Harishchandra Pipode. The appellant's counsel, Mr. A. H. Kapadia, had passed away, and subsequently the bailiff reported that all four appellants and the sole respondent were also deceased. The court noted that with the death of all parties, there was no longer any purpose in continuing the proceedings. Consequently, the court held that the appeal could not be prosecuted further. The appeal was therefore dismissed for want of prosecution.

Issues considered

What is the appropriate course of action when all parties to an appeal are deceased?

Subjects

appeal
want of prosecution
death of parties
dismissal

Judgment

                                                 932 SA NO. 541 OF 1996.odt


           IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                      BENCH AT AURANGABAD
               932 SECOND APPEAL NO. 541 OF 1996

            Murlidhar Ghisuram Ghodele And Others.
                            VERSUS
                 Seetabai Harishchandra Pipode.
                               ...
None for the parties
                               ….

                     CORAM : SANJAY A. DESHMUKH, J.
                        DATE : 28.08.2026
PER COURT :-

1.           Mr. A. H. Kapadia, learned Advocate for the Appellant,

is no more. Therefore, on 19.08.2026, notices were issued to the

Appellants and the Respondent. As per the Bailiff’s report,

Appellant Nos.1 to 4 and the sole Respondent are reported to be

dead.


2.           In view of the above, there is no purpose in keeping the

present Appeal pending. Hence, the Appeal is dismissed for want

of prosecution.



                                       [ SANJAY A. DESHMUKH, J. ]




HRJadhav                                                           1 of 1

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