Vikram Bhalchandra Ghongade Vs State of Maharashtra & Ors (Supreme Court of India)
Decree Passed for Deceased Appellants Is Void – SC: Trial Court Decree Revives & Becomes Executable
The Supreme Court ruled that a decree passed in favour of deceased appellants is a nullity, and therefore, the original trial court decree automatically revives for execution.
In this case, the appellants (Defendants 4 & 5) had died before the hearing of their appeal, but no legal heirs were substituted. The appellate court nonetheless decided the appeal in their favour. The plaintiffs later sought to execute the trial court’s decree (dated 14.08.2006), which had declared them lawful owners of the disputed land.
The executing court and the High Court refused execution, holding that the trial decree had merged into the appellate decree.
The Supreme Court set aside those orders, holding that:
- The appellate judgment delivered in the names of deceased persons was void ab initio;
- Order XXII Rule 6 CPC did not apply since the deaths occurred before hearing;
- The appeal stood abated automatically, reviving the trial court’s decree.
Accordingly, the Court directed that execution proceedings be restored and continued on the basis of the original trial court decree.
Result: Appeal allowed – appellate decree declared void; trial court decree executable.
