High Court of Gujarat

HIRJI DAHYA MAHESHWARIversusBHANJI PUNJABHAI MAHESHWARI

Disposal: 98-DISPOSED AS ABATED
Bench: HEMANT M PRACHCHHAK

Holding

The appeal is abated and disposed of because both parties have died.

Summary

The appellant filed a criminal appeal (No. 964 of 2021) against an acquittal granted to the accused. During the pendency of the appeal, both the appellant and the accused (respondent) passed away. The appellant's counsel argued that the death of the parties extinguished the appeal. The Court examined whether an appeal survives the death of the parties involved. Finding that the appeal could not continue without any surviving party, the Court held that the appeal stands abated. Consequently, the appeal was disposed of and the record was ordered to be sent back to the trial court.

Issues considered

Does a criminal appeal survive the death of both the appellant and the accused?

Subjects

criminal appealabatementdeath of partiesprocedureHigh Court of Gujarat

Judgment

          R/CR.A/964/2021                                                                ORDER DATED: 23/07/2026




               IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

    R/CRIMINAL APPEAL (AGAINST ACQUITTAL) NO. 964 of 2021

 ==========================================
                     HIRJI DAHYA MAHESHWARI
                                Versus
               BHANJI PUNJABHAI MAHESHWARI & ANR.
 ==========================================
 Appearance:
 MR HARSHIL C DATTANI(6241) for the Appellant(s) No. 1
 MS JEMINI S PATEL(10140) for the Opponent(s)/Respondent(s) No. 1
 MS JIRGA JHAVERI APP for the Opponent(s)/Respondent(s) No. 2
 ==========================================

     CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK

                                               Date : 23/07/2026

                                                    ORAL ORDER

            Learned counsel for the appellant submits that the appellant
 and respondent – accused both had expired and, therefore, the
 appeal does not survive.

            In view of the above, the present stands abated and disposed of
 accordingly. Registry is directed to transmit back the record and
 proceedings to the concerned trial Court forthwith, if any.


                                                                       (HEMANT M. PRACHCHHAK,J)
 V.R. PANCHAL

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: VIJAYKUMAR RAMESHBHAI PANCHAL(HC00171), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 23/07/2026 16:27:30




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