Bombay High Court

ANANDRAO SARJERAO THOMBAREversusPRAKASH DIGAMBAR LANJEKAR AND ANR

Disposal: Disposed Off
Bench: SANDESH D PATIL

Holding

The application is disposed of as infructuous because Respondent No.2 is no more.

Summary

An application for leave to appeal was filed by Anandrao Sarjerao Thombare against Prakash Digambar Lanjekar and another respondent. During the proceedings, the second respondent passed away. The applicant's counsel argued that the application should proceed, while the respondent's counsel noted the death. The court held that the death of a respondent rendered the application infructuous, as the necessary party was no longer available to be served or to participate. Consequently, the application was disposed of as infructuous.

Issues considered

Whether an application for leave to appeal becomes infructuous upon the death of a respondent?

Subjects

Leave to appeal
Infructuous application
Death of party
Criminal appellate jurisdiction

Judgment

                                                       45-ALP-361-2017 (5th copy).doc




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

           APPLN FOR LEAVE TO APPEAL (PVT.) NO. 361 OF 2017

Anandrao Sarjerao Thombare                     .....Applicant
     Vs.
Prakash Digambar Lanjekar & Anr.               .....Respondents

                                 …..
Mr. Mohan M. Chavan with Mr. Sumit Dhanwade and Mr. Indrajeet
Babar i/b Mr. Rajaram V. Bansode, for the Applicant.
Mr. S. V. Gavand, APP for Respondent-State.
                                 …..


                                      CORAM: SANDESH D. PATIL, J.
                                      DATED: 2nd JULY 2026.
P. C. :

1.        Learned counsel appearing for the Applicant states that the

Application has become infructous because Respondent No.2 is no

more. Hence, disposed of as infructous.


                                                (SANDESH D. PATIL, J.)




Suresh
                                  1

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