Bombay High Court
SHRI JOTIBA MARUTI ASWALEversusSOU. SHALAN @ RAJASHREE JOTIBA ASWALE
- Disposal
- Disposed Off
Holding
The appeal was held to be abated and infructuous and was therefore disposed.
Summary
The legal heirs of the deceased Jotiba Maruti Aswale filed a second appeal before the High Court of Bombay, Circuit Bench at Kolhapur. The appeal was presented by counsel and listed before a panel comprising Justice Shailesh P. Brahme, retired District Judge R. N. Sardesai, and Panel Advocate Sonali A. Sheth. Upon consideration, the court observed that the appeal had become abated and infructuous. No substantive merits were adjudicated because the appeal could no longer proceed. Accordingly, the court disposed of the appeal.
Subjects
- appeal
- abated
- infructuous
- civil procedure
- high court
Judgment
164-SA-186-2001 (C)=.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
BEFORE THE NATIONAL LOK ADALAT
CIVIL/CRIMINAL APPELLATE JURISDICTION
SECOND APPEAL NO. 186 OF 2001
Digitally
signed by
UDAY
UDAY SHIVAJI
Shri Jotiba Maruti Aswale ….Appellant
SHIVAJI JAGTAP
Date:
JAGTAP 2026.09.24 Vs.
16:33:12
+0530 Sou. Shalan @ Rajashree Jotiba Aswale …..Respondent
…..
Heirs of Jotiba Aswale, appellant is present in Court
…..
CORAM : SHAILESH P. BRAHME, J.
(Head of the Panel)
R. N. SARDESAI,
(Retired District Judge)
Member
SONALI A. SHETH,
(Panel Advocate), Member
DATE : 12th SEPTEMBER, 2026.
P.C:
. The legal heirs of deceased Jotiba Maruti Aswale – the appellant,
are present today. The learned counsel appearing for the legal heirs of
the appellant by tendering pursis, which is marked as Exh. “X” prays to
dispose of the Second Appeal.
Uday J. 1 of 2
164-SA-186-2001 (C)=.doc
2. The Second Appeal stands abated and it has become infructuous
also, hence it is disposed of.
(SONALI A. SHETH) (R. N. SARDESAI) (SHAILESH P. BRAHME, J.)
Panel Advocate Retired District Judge Head of the Panel
Member Member
Uday J. 2 of 2
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