High Court of Gujarat
STATE OF GUJARATversusDHARAMVIRSINGH SHIYOTAJSINGH YADAV
- Decided
- Disposal
- DISPOSED AS INFRUCTUOUS
- Bench
- S V PINTO
Holding
An appeal becomes infructuous upon the death of the sole respondent and must be disposed.
Summary
The State of Gujarat filed a criminal appeal (No. 314 of 2011) against Dharamvirsingh Shiyotasingh Yadav. The respondent’s counsel submitted a death certificate showing that the sole respondent had died on 21 February 2026. The court examined the certificate and noted that the death was duly registered with the Junagadh Municipal Corporation. Since the only respondent was deceased, the court held that the appeal could no longer be pursued. Consequently, the appeal was declared infructuous and disposed of.
Issues considered
- The appeal can continue despite the death of the sole respondent.
Subjects
- criminal appeal
- death of party
- infructuous appeal
- procedural law
- high court
Judgment
R/CR.A/314/2011 ORDER DATED: 09/03/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL NO. 314 of 2011
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STATE OF GUJARAT
Versus
DHARAMVIRSINGH SHIYOTAJSINGH YADAV
==========================================================
Appearance:
MS. C.M SHAH, APP for the Appellant(s) No. 1
MR RUTURAJ NANAVATI(5624) for the Opponent(s)/Respondent(s) No. 1
RULE SERVED for the Opponent(s)/Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE S.V. PINTO
Date : 09/03/2026
ORAL ORDER
When the matter is called out, learned advocate Mr.
Harshil Bhavsar for learned advocate Mr. Ruturaj Nanavati
for the respondent submits that the sole respondent
Dharamvirsingh Shiyotasingh Yadav has expired on
21.02.2026 and tenders the copy of the death certificate
which is registered with Junagadh Municipal Corporation
which is taken on record.
In view of the above, as the sole respondent has
expired, the appeal has become infructuous and is disposed
off accordingly.
(S. V. PINTO,J)
VASIM S. SAIYED
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: VASIM SHABBIR SAIYED(HC01902), PRIVATE SECRETARY, at High Court of Gujarat on 09/03/2026 15:31:50
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