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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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