The High Court held that the death of the sole appellant did not abate the appeal. The right to sue survives, making the application timely and maintainable.
Application allowed and made absolute; consequential amendments to be carried out within two weeks; re-verification dispensed with.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Digitally signed by SHAMBHAVI SHAMBHAVI NILESH NILESH SHIVGAN SHIVGAN Date: 2022.03.24 15:20:29 +0530
9-IA-1602-22.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO.1602 OF 2022
IN
APPEAL FROM ORDER NO.50 OF 2019
Gayatri N. Kotian & Ors. ...Applicants
IN THE MATTER BETWEEN Narayan Kotian ...Appellant Vs Bapu Developers & Construction Pvt. Ltd. ... Respondents …
Mr. Ganesh S. Bhat for the Applicants/Appellants. Mr. N.S.Pansare i/by D.S.Patil for Respondents.
CORAM : SANDEEP K. SHINDE J. DATE : MARCH 24, 2022.
P.C. :
Pending appeal, sole appellant passed away on 8 th April,
2021. Application is in time. Right to sue survives. Application is allowed and made absolute in terms of prayer clause (a). Consequential amendments shall be carried out within two weeks from today.
2 Re-verification is dispensed with.
Shivgan 1/2
9-IA-1602-22.odt
3 Application is allowed and disposed of.
(SANDEEP K. SHINDE, J.)
Shivgan 2/2
2 issues framed by the court
Whether the right to sue survives the death of the sole appellant and if the appeal is maintainable.
Whether to allow the interim application regarding the deceased appellant.
Gayatri N. Kotian & Ors.
Narayan Kotian
Bapu Developers & Construction Pvt. Ltd.
Sandeep K. Shinde
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
