LexVIKRAM BHALCHANDRA GHONGADE versus THE STATE OF MAHARASHTRA & ORS.
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[2025] 11 S.C.R. 264 : 2025 INSC 1283 Vikram Bhalchandra Ghongade v. The State of Maharashtra & Ors. (Civil Appeal No. 13409 of 2025) 06 November 2025 [Pamidighantam Sri Narasimha and Atul S. Chandurkar,* JJ.] Issue for Consideration Whether the executing Court erred in dismissing the execution petition as not maintainable; whether the decree passed by the first appellate Court having been passed in an appeal, where both the appellants had expired prior to the appeal being heard, its decree in favour of dead persons was a nullity; In the instant case, whether the decree passed by the trial Court is liable to be executed. Headnotes† Code of Civil Procedure, 1908 – Execution of decree – AT was allotted an agricultural land being an Ex-Army Serviceman – After his death, it was alleged that the said land was re-allotted by the Collector to the defendant nos.3 to 5 – The legal heirs of late AT filed for a declaration that the allotment of the said land in favour of defendant nos.3 to 5 was illegal – The trial Court decreed the suit – Aggreived, defendant nos.4 and 5 preferred an appeal – Before the appeal could be heard, the defendant no.4 died on 27.10.2006, while the defendant no.5 died on 20.09.2010 – This fact was not brought to the notice of the first Appellate Court – The first appeal was partly allowed on 20.10.2010 – The decree passed by the trial Court was modified – Second Appeal preferred – The original plaintiffs thereafter sought to withdraw the second appeal by urging that the first appeal preferred by defendant nos.4 and 5 itself had abated and the judgment of the trial Court was in operation – The second appeal was, accordingly, dismissed as withdrawn – Appellant herein (legal heir of the original plaintiffs) sought execution of decree – The Executing Court dismissed the execution petition as not maintainable – Correctness: * Author [2025] 11 S.C.R. 265 Vikram Bhalchandra Ghongade v. The State of Maharashtra & Ors. Held: 1. This Court is of the view that the Executing Court erred in dismissing the execution petition as not maintainable – The decree passed by the first Appellate Court having been passed in an appeal, where both the appellants had expired prior to the appeal being heard, its decree in favour of dead persons was a nullity – The decree passed by the trial Court, therefore, is liable to be executed. [Para 10] 2. The judgment pronounced in the first appeal on 20.10.2010 was in favour of the parties who were no more alive – The said adjudication, therefore, amounted to a nullity and the same did not have the force of law – The appellant is justified in seeking execution of the decree passed by the trial Court on the premise that the decree passed by the first Appellate Court was a nullity having been passed in favour of dead persons – In the case in hand, the judgment in favour of the deceased appellants would be a nullity in the absence of the legal heirs being brought on record and the judgment of the trial Court would be the one that would govern the rights of the parties – Hence, the decree passed by the trial Court would revive for being executed – The execution proceedings are restored for being decided in accordance with law by the Executing Court. [Paras 12, 13, 16] Case Law Cited Bibi Rahmani Khatoon and Others v. Harkoo Gope and Others, 1981 INSC 100 : [1981] 3 SCR 553 – relied on. P. Chandrasekharan and Others v. S. Kanakarajan and Others, 2007 INSC 495 : [2007] 5 SCR 967; Rajendra Prasad and Another v. Khirodhar Mahto and Others (Civil Appeal No. 2275 of 1994 decided on 11.01.1994); Amba Bai and Others v. Gopal and Others, 2001 INSC 263 : [2001] 3 SCR 551; Kiran Singh and Others v. Chaman Paswan and Others, 1954 INSC 45 : [1955] 1 SCR 117 – referred to. List of Acts Code of Civil Procedure, 1908; Limitation Act, 1963. List of Keywords Decree; Execution of decree; Allotment of land; Execution proceedings; Decree in favour of dead; Heirs; Legal representatives; Abatement of proceedings; Legal heirs on record. 266 [2025] 11 S.C.R. Supreme Court Reports Case Arising From CIVIL APPELLATE JURISDICTION: Civil Appeal No. 13409 of 2025 From the Judgment and Order dated 11.03.2024 of the High Court of Judicature at Bombay at Nagpur in WP No. 5791 of 2023 Appearances for Parties Petitioner-in-person. Advs. for the Respondents: Shrirang B. Varma, Siddharth Dharmadhikari, Aaditya Aniruddha Pande, Sanjeev Kaushik, Simranjeet Singh Rekhi,
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