Rajendra Janardhan Dhangade v. Smt. Leelabai Wd/O. Kamleshsingh Chauvan and Others
Abatement – Death of appellant during pendency of First Appeal No.931 of 2022
Case brief
What is this about?
Bombay High Court, Nagpur Bench; Prafulla S. Khubalkar, J.; order dated 12 November 2025; First Appeal No.931 of 2022 (Rajendra Janardhan Dhangade v. Smt. Leelabai Wd/o Kamleshsingh Chauvan and Others); Civil Applications (CAF) Nos.3988, 3989 and 3990 of 2025; condonation of delay of 265 days; setting aside of abatement due to death of appellant during pendency of appeal; cause of action survives; impleadment/legal representatives of deceased appellant brought on record; necessary amendment within two weeks; advocates Ms. Preeti Gwalani h/f Mr. J.B. Gandhi for appellant.
What did the court decide?
In First Appeal No.931 of 2022: delay of 265 days in filing the application for setting aside abatement and bringing on record the legal representatives of the deceased appellant was condoned; abatement of the appeal was set aside as the cause of action survives; and the legal representatives of the deceased appellant were permitted to be brought on record, with the necessary amendment to be carried within two weeks. All three civil applications (CAF Nos.3988, 3989 and 3990 of 2025) were allowed and disposed of.