Allahabad High Court
MAHESH KUMARversusVIMLA DEVI AND OTHERS
- Decided
Holding
The appeal was dismissed as abated due to the death of the sole appellant and lack of substitution of heirs.
Summary
The appellant Mahesh Kumar filed an appeal, but he died before the hearing. No party appeared to seek substitution of his legal heirs. The appellant's counsel argued that the appeal should be abated due to the lack of a representative. The court examined whether the appeal could continue in the absence of a successor. Finding no substitution, the court held that the appeal stood abated and dismissed it. The order was pronounced on September 9, 2026.
Issues considered
- Whether an appeal can proceed after the death of the sole appellant without substitution of legal heirs
Subjects
- abated appeal
- substitution of legal heirs
- death of appellant
- civil procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
FIRST APPEAL FROM ORDER No. - 1018 of 2010
Mahesh Kumar
.....Appellant(s)
Versus
Vimla Devi And Others
.....Respondent(s)
Counsel for Appellant(s) : Amit
Counsel for Respondent(s) : Jagdev Singh, Rahul Sahai
Court No. - 54
HON'BLE ANIL KUMAR-X, J.
1. Learned counsel for the appellant and learned counsel for respondent no.
1, 2 and 3 are present.
2. Learned counsel for the appellant submitted that, despite the death of the
sole appellant, no one has appeared on his behalf to seek substitution of his
legal heirs. In view of the submission made by learned counsel for the
appellant, the appeal stands abated.
3. Accordingly, the appeal is dismissed as abated.
September 9, 2026
Ujjawal
(Anil Kumar-X,J.)
Digitally signed by :-
UJJAWAL
High Court of Judicature at Allahabad
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