Rajanna Rajana (Bk) Kaslod vs Rajanna Rajana (Kd) Kaslod And ...
2021 Latest Caselaw 12821 Bom

                                               (1)


      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 BENCH AT AURANGABAD

                   941 SECOND APPEAL NO.550 OF 2013

                  RAJANNA RAJANA (BK) KASLOD
                               VERSUS
            RAJANNA RAJANA (KD) KASLOD AND OTHERS
                                  ...
           Advocate for Appellant : Mr. Bilolikar Upendra B.
           Mr. Bhavthankar Vivek Vasantrao, Adv. For R/2
                                -----

                                       CORAM :       SMT.VIBHA KANKANWADI,J.

                                       DATE :        7th September, 2021.

 PER COURT :-

1. Learned Advocate for the appellant submits that

he has instructions to say that the appellant has expired and

he also submits that the appellant is survived by a widow,

who does not want to approach this Court.

2. Another hurdle in this case as regards

proceeding with the matter is concerned, the appeal came

to be abated against Respondent No.1 and order to that

effect has been passed by this Court on 19.12.2013. There

was no attempt to get that order set aside and bring legal

representatives of deceased Respondent No.1 on record.

3. The suit was for partition and separate

possession and it was decreed. However, original deft.No.2

filed the appeal. The appeal came to be allowed and the

judgment and decree passed by the Trial court has been set

aside. Now, this Court cannot reverse that decree in

absence of the legal heirs of Respondent No.1. Therefore, in

view of the decisions in the case of State of Punjab Vs.

Nathuram - AIR 1962 SC 89, and Bibijan and Ors. Vs.

Murlidhar and Ors. - (1995) 1 SCC 187, the entire appeal

shall fail.

4. The Second Appeal stands disposed of. Pending

civil application, if any, also stands disposed of.

(SMT. VIBHA KANKANWADI) JUDGE

BDV