Shri Baburao Ganpat Dhule And Others vs Vithoba Fakira Boraste And Another
2024 Latest Caselaw 24513 Bom

Bombay High Court

Shri Baburao Ganpat Dhule And Others vs Vithoba Fakira Boraste And Another on 20 August, 2024

  2024:BHC-AS:33537


                                                                                    17-SA-110-2014.docx

                                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
  rrpillai                                                CIVIL APPELLATE JURISDICTION
                                                        SECOND APPEAL NO. 110 OF 2014
                                                                     WITH
                                                      CIVIL APPLICATION NO. 1565 OF 2013


                                Shri Baburao Ganpat Dhule and Others               ...        Appellant
                                       Vs.
                                Vithoba Fakira Boraste and Another                 ...        Respondents


                                None for the Appellant.
                                Mr. Shubham Jangam a/w. Ms. Naina Boraste i/b. Mr. Girish Agrawal
                                for the Respondents.
                                                                  CORAM : GAURI GODSE, J.

                                                                  DATE :     20th AUGUST 2024

                                P.C.

1. None for the appellant. Learned counsel for the respondent -

original plaintiff submits that the respondent no. 1 has expired on 8 th

February 2022 and the Second Appeal already stands dismissed as

abated against respondent no.1. He submits that the Second Appeal

arises out of the concurrent judgment and decree for possession in

favour of the plaintiff.

RAJESHWARI   RAMESH

PILLAI       Date:
             2024.08.22
             09:54:17 +0530


                                                  17-SA-110-2014.docx

2. He therefore submits that in view of the dismissal of the Second

Appeal against respondent no. 1 the entire Second Appeal stands

abated.

3. Office remark indicates that the Second Appeal stands abated

against deceased respondent no.1 and there are no steps taken for

setting aside abatement. Since the Second Appeal arises out of

decree for possession in favour of the plaintiff the entire Second

Appeal would stand abated.

4. Hence Second Appeal is dismissed as abated. In view of the

dismissal of the Second Appeal, Civil Application No.1565 of 2013 is

dismissed as infructuous.

[GAURI GODSE, J.]