Bombay High Court
SHRI. AJIT BASGONDA DHERE and ANRversusULHAS MADHAVRAO PATWARDHAN and ORS.
- Disposal
- Disposed Off
Holding
The second appeal is dismissed as abated because the necessary legal heirs of the deceased respondent were not brought on record.
Summary
The appellants failed to appear before the Court when the matter was called out. Notice was duly served to Appellant No.1, but the notice to Appellant No.2 was returned marked “Dead”. The appeal had already been abated with respect to Respondent No.1, and no steps were taken to bring the legal heirs of the deceased Respondent No.1 on record to set aside the abatement. Consequently, the Court held that the second appeal could not proceed and dismissed it as abated. All pending interim applications were consequently disposed of.
Issues considered
- Whether a civil appeal can continue when a party to the appeal has died and the legal heirs have not been brought on record.
- Whether the abatement of an appeal can be set aside without the presence of the deceased party's legal heirs.
Subjects
- appeal
- abatement
- death of party
- legal heirs
- dismissal
- interim applications
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
shows that notice issued to Appellant No.1 is duly served and as
MASHAL
Date:
2026.08.20
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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