Vikram Bhalchandra Ghongade vs The State Of Maharashtra Through ...

The Supreme Court examined whether a decree passed by a trial court can be executed after the death of defendants when the appeal filed by them has not abated and has been decided on merits. The Court held that since the appeal was decided on merits and the decree was modified, the original decree remains executable despite the death of some defendants prior to the appeal. The Court emphasized the importance of the substantive merits of the appeal over procedural issues related to death of parties. The appeal was allowed, and the decree was permitted to be executed.