Bombay High Court
MR. MAHADAO AGNU INGOLE AND ANOTHERversusMR. BHIMRAO GUNDAPPA BHOSLE AND ORS.
- Disposal
- Allowed
Holding
The appeal is abated and disposed of because the appellants have died.
Summary
The appellants, Mahadao Agnu Ingole and another, filed a first appeal and a civil application against Bhimrao Gundappa Bhosle and others. During proceedings, counsel informed the court that both appellants had died, rendering the matter infructuous. The court held that the death of the appellants caused the appeal to abate. Consequently, the first appeal was disposed of as abated, and the accompanying civil application was also disposed of. No substantive merits of the dispute were addressed due to the abatement.
Issues considered
- Whether the appeal and the civil application stand abated due to the death of the appellants?
Subjects
- abatement
- death of parties
- civil appeal
- disposal
Judgment
2026:BHC-KOL:8535
1 4 fa 1790.19
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
FIRST APPEAL NO. 1790 OF 2019
Mr. Mahadao Agnu Ingole and another ...Appellants
VERSUS
Mr. Bhimrao Gundappa Bhosle
and others ...Respondents
WITH
CIVIL APPLICATION IN FA NO. 3855 OF 2019
IN
FIRST APPEAL NO. 1790 OF 2019
Mr. Mahadao Agnu Ingole and another ...Applicants
VERSUS
Mr. Bhimrao Gundappa Bhosle and others...Respondents
CORAM : SHAILESH P. BRAHME, J.
DATE : 03RD SEPTEMBER, 2026.
FINAL ORDER :
. Learned counsel appearing for the appellants through V. C.
informs this Court that both the appellants have died and matter
has become infructuous. The first appeal is disposed of as
abated.
2. The civil application also stands disposed of.
[ SHAILESH P. BRAHME J. ]
bsb/Sep. 26
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