VIKRAM BHALCHANDRA GHONGADE versus THE STATE OF MAHARASHTRA & ORS.

VIKRAM BHALCHANDRA GHONGADE versus THE STATE OF MAHARASHTRA & ORS.

The executing Court erred in dismissing the execution petition; because both appellants in the first appeal had died prior to the appeal being heard and their legal heirs had not been brought on record, the first appellate Court's judgment of 20.10.2010 was a nullity and the trial Court decree of 14.08.2006 revived and is liable to be executed; execution proceedings are restored to be decided in accordance with law.

Parties
Appellant: Vikram Bhalchandra Ghongade; Respondent: The State of Maharashtra & Ors.
Jurisdiction
India
Judgment Date
06 November 2025
Procedural Posture
Civil Appeal / Appeal to the Supreme Court Final Judgment and Order Delivered
Outcome
Appeal allowed
Legal Topics
Execution of Decree, Decree in Favour of Deceased Persons, Abatement of Proceedings, Substitution of Legal Heirs
Civil Procedure Property Law Limitation Law Execution of Decree Decree in Favour of Deceased Persons Abatement of Proceedings Substitution of Legal Heirs

Case Brief

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Parties

Vikram Bhalchandra Ghongade

Appellant

The State of Maharashtra & Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal to the Supreme Court Final Judgment and Order Delivered

Legal Issues

  1. 1 Whether the executing Court erred in dismissing the execution petition as not maintainable
  2. 2 Whether the decree passed by the first Appellate Court in an appeal where both appellants had died prior to the appeal being heard was a nullity
  3. 3 Whether the decree passed by the trial Court is liable to be executed

Ratio Decidendi

The executing Court erred in dismissing the execution petition; because both appellants in the first appeal had died prior to the appeal being heard and their legal heirs had not been brought on record, the first appellate Court's judgment of 20.10.2010 was a nullity and the trial Court decree of 14.08.2006 revived and is liable to be executed; execution proceedings are restored to be decided in accordance with law.

Court Disposition

Appeal allowed

Orders

  • Order dated 21.06.2023 passed by the executing Court in Regular Darkhast No.22 of 2022 is set aside
  • Order dated 11.03.2024 passed by the High Court in Writ Petition No.5791 of 2023 is set aside