1 09-sa 238.2023.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR SECOND APPEAL NO. 238 OF 2023 ( DNYANESHWAR MAHADEORAO SHELKE VS NARENDRA S/O SHAMRAOJI CHAMATE (DEAD) THR LRS SMT. SWATI NARENDRA CHAMATE AND OTHER ) Office Notes, Office Memorandum of Coram, appearances, Court's orders or the directions, Court's or Judge's order and Registrar's orders. Mr. A.S.Dhore, Advocate for appellant. Mr. C.B.Dharmadhikari, Advocate for respondents. CORAM : ROHIT W. JOSHI, J. DATED : FEBRUARY 27, 2026 1) Vide order dated 11/02/2026 following substantial question of law was framed in the appeal :- “In view of demise of the appellant on 07/01/2022 and failure to bring his legal representatives on record, did the appeal abate by operation of Order XXII Rule 3 read with Rule 10 of the Code of Civil Procedure and consequently whether the judgment and decree dated 24/04/2023 passed in the said appeal are a nullity in the eyes of law ?” 2) It is not in dispute that the sole appellant in R.C.A.No.60/2017 decided by the learned Adhoc District Judge-1 Yavatmal vide judgement and decree dated 24/04/2023, had expired on 07/01/2022 and that his legal representatives were not brought on record in the said appeal. Learned counsel for the respondents does not dispute the legal position that the KOLHE 2 09-sa 238.2023.odt judgment and decree delivered by the learned first appellate Court is nullity in the eyes of law. 3) In view of above, the Second Appeal is allowed. The judgment and decree dated 24/04/2023, passed by the learned Adhoc District Judge-1 Yavatmal in R.C.A.No.60/2017 is quashed and set aside. 4) The respondents in the present appeal who are legal representatives of the deceased appellant in R.C.A.No.60/2017, are at liberty to take appropriate recourse for setting aside abatement and rehearing of the appeal. ( ROHIT W. JOSHI, J. ) KOLHE