Bombay High Court
SHRI. AJIT BASGONDA DHERE and ANRversusULHAS MADHAVRAO PATWARDHAN and ORS.
- Disposal
- Disposed Off
Holding
The Second Appeal is dismissed as abated.
Summary
The appellants did not appear before the court. Notice was duly served to Appellant No.1, while notice to Appellant No.2 was returned marked “Dead”. The appeal had already been abated against Respondent No.1, and no steps were taken to bring the legal heirs of the deceased respondent on record or to set aside the abatement. Consequently, the Second Appeal was dismissed as abated. All pending interim applications were consequently disposed of.
Issues considered
- Whether the Second Appeal can proceed when a respondent is deceased and his legal heirs have not been joined.
- Whether the abatement of the appeal can be set aside.
Subjects
- abatement
- second appeal
- service of notice
- legal heirs
- dismissal
Judgment
13-1712-19-cas.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
SECOND APPEAL ST NO. 25972 OF 2017
WITH
CIVIL APPLICATION NO. 1712 OF 2019
IN
SECOND APPEAL ST NO. 25972 OF 2017
WITH
CIVIL APPLICATION NO. 1713 OF 2019
IN
SECOND APPEAL ST NO. 25972 OF 2017
Shri. Ajit Basgonda Dhere & Anr ....Appellants
Vs.
Ulhas Madhavrao Patwardhan & Ors. ....Respondents
None for the Applicants/Appellants
Mr. Tejpal S. Ingale a/w Ms. Vrunali Vilankar, advocate for
Respondent No. 1
CORAM : RAJESH S. PATIL, J.
DATE : 20 AUGUST 2026
P. C. :
1. None appears for the Appellants when the matter is called
out. Today, this matter was taken up on board as there was a
IRESH
MASHAL
praecipe filed by the Advocate for the Respondents. Office remark
Digitally signed
by IRESH
MASHAL
Date:
2026.08.20
shows that notice issued to Appellant No.1 is duly served and as
19:29:28
+0530
far notice issued to Appellant No.2, it is returned back with
remark “Dead” on 16 May 2025.
2. Appeal has already been abated against Respondent No. 1.
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Iresh
13-1712-19-cas.doc
No steps have been taken to bring on record the legal heirs of the
deceased Respondent No. 1 and for setting aside the abatement.
3. Hence, Second Appeal stands dismissed as abated.
4. In view of dismissal of Second Appeal, all pending Interim
Applications stand disposed of accordingly.
[RAJESH S. PATIL, J.]
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