Bombay High Court

BENNY GOMES.,versusBAPTIST LOBO @ REGINALD BAPTIST LOBO.,

Disposal: Disposed of

Holding

The appeal is abated and disposed of due to the death of the appellant and the settlement.

Summary

The appellant, Benny Gomes, filed a second appeal which was pending when he died in 2018. His counsel, Ms. Asha A. Desai and Ms. I. Khatri, informed the Court that they were not interested in pursuing the matter further because the parties had reached an amicable settlement outside court. The Court considered whether the appeal could continue despite the appellant's death and the settlement. It held that the appeal could not proceed and was therefore abated. Consequently, the second appeal was disposed of.

Issues considered

Whether a second appeal can continue after the death of the appellant and an out-of-court settlement.

Subjects

appeal
abatement
death of party
settlement
civil procedure

Judgment

                                                           13 SA 80 2018

                             Niti

                                    IN THE HIGH COURT OF BOMBAY AT GOA
                                             SECOND APPEAL NO.80 OF 2018

                       BENNY GOMES.,                                           ... APPELLANT
                         Versus
                       BAPTIST LOBO @ REGINALD BAPTIST
                       LOBO.,                                                  ... RESPONDENT


                       Ms. Asha A. Desai with Ms. I. Khatri, Advocates for Appellant.


                                              CORAM:- S. G. CHAPALGAONKAR, J.
                                              DATED :- 31st August, 2026

                       P.C.:


                                 Learned Counsel appearing for Appellant informs this Court
                       that Appellant expired in the year 2018 and his legal
                       representatives are not interested in proceeding with the matter as
                       they have arrived at an amicable settlement outside the Court.


                       2. In that view of the matter, Second Appeal stands disposed of as
                       abated.



                                                                 S. G. CHAPALGAONKAR, J.




Signed by: NITI K HALDANKAR
Designation: Private Secretary
                                                             Page 1 of 1
Date: 01/09/2026 09:34:00
                                                           31st August, 2026

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