Bombay High Court

DATTA LAXMAN KADAM.versusNARAYAN MARUTI KADAM.

Disposal: DISPOSED OFF

Holding

A pending appeal abates upon the death of the appellant and is therefore disposed.

Summary

The appellant, Datta Laxman Kadam, died on 02 February 2006, and a death certificate was placed on record. The appellant's counsel submitted that despite letters being sent to the appellant, no response was received. The court considered whether the pending second appeals could continue after the appellant's death. It held that the death of the appellant causes the appeal to abate, as there is no representative to pursue the relief. Consequently, both appeals were disposed of as abated.

Issues considered

Whether a pending appeal abates upon the death of the appellant

Subjects

appeal
abate
death of party
civil procedure

Judgment

2026:BHC-AUG:39785

(1) 963 sa 77.94

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

963 SECOND APPEAL NO. 77 OF 1994
WITH SECOND APPEAL NO. 78 OF 1994

DATTA LAXMAN KADAM
VERSUS
NARAYAN MARUTI KADAM

…..
Advocate for the Appellant : Mr. S.S. Bora
Advocate for the Respondents: Mr. A.S. Golegaonkar.
…..

CORAM : SANJAY A. DESHMUKH, J.
DATE : 01.09.2026

P.C.:-

1. Learned advocate for the appellant submits that the appellant

died on 02.02.2006. The death certificate is taken on record and marked as

‘X1’ for identification. Learned advocate submits that even though letters

were written to the appellant there was no response.

2. Therefore, both the appeals stand abated and are accordingly

disposed of.

[SANJAY A. DESHMUKH, J.]

mubashir

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