Bombay High Court

HARI TUKARAM MAGDUMversusSMT. SONABAI K. MAGDUM

Disposal: Disposed Off

Holding

The second appeals were abated and disposed of because the appellant did not take the required steps or appear before the Court.

Summary

The Court granted the appellant time on 20 August 2026 to produce the legal heirs of the deceased appellant. No steps were taken and the appellant failed to appear when the matter was called. Consequently, the Court held that the second appeals stand disposed of as abated. All pending civil and interim applications were also disposed of accordingly. No substantive merits of the original dispute were addressed.

Issues considered

Whether the second appeal should be abated due to the appellant's failure to comply with the Court's direction to produce legal heirs

Subjects

abatement
second appeal
civil procedure
non‑appearance

Judgment

                                                                   11-SA-1463-2005.doc


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              CIRCUIT BENCH AT KOLHAPUR
                              CIVIL APPELLATE JURISDICTION

                              SECOND APPEAL NO. 1463 OF 2005
                                          WITH
                           INTERIM APPLICATION NO. 2041 OF 2024
                                            IN
                              SECOND APPEAL NO. 1463 OF 2005
                                          WITH
                               SECOND APPEAL NO. 508 OF 2007
                                          WITH
                               SECOND APPEAL NO. 889 OF 2005

             Hari Tukaram Magdum                                     …Appellant
                   Vs.
             Sonabai W/o. Krishna Magdum                           …Respondent
             None for the Appellant
             None for the Respondent
                                   s


                                   CORAM : RAJESH S. PATIL, J.
                                       DATE   : 3 SEPTEMBER 2026


             P. C. :
             1.      By an order dated 20 August 2026, time was granted to the
IRESH
MASHAL
             Appellant to take steps to bring on record legal heirs of the deceased
Digitally

             Appellant.
signed by
IRESH
MASHAL
Date:
2026.09.07
19:59:17
+0530



             2.      It appears that no steps have been taken to bring on record

             legal heirs of the deceased Appellant. None appears on behalf of the

             Appellant when the matter is called out.

             Iresh
                                                      11-SA-1463-2005.doc


3.      Second Appeals stand disposed of as abated.


4.      In sequel, all pending Civil/Interim Applications stand

disposed of accordingly.



                                              (RAJESH S. PATIL, J. )




Iresh

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