Bombay High Court

ANANDRAO SARJERAO THOMBAREversusPRAKASH DIGAMBAR LANJEKAR AND ANR

Disposal: Disposed Off
Bench: SANDESH D PATIL

Holding

The application is dismissed as infructuous because Respondent No.2 is no longer alive.

Summary

The applicant, Anandrao Sarjerao Thombare, filed an application for leave to appeal in a criminal matter before the Bombay High Court, Kolhapur Bench. The respondents were Prakash Digambar Lanjekar and another party. During the proceedings, it was brought to the court's notice that Respondent No.2 had passed away. Counsel for the applicant submitted that the application had become infructuous due to the death of the respondent. The court agreed and disposed of the application as infructuous, without further hearing.

Issues considered

Whether an application for leave to appeal can continue when one of the respondents is deceased

Subjects

leave to appeal
infructuous
death of party
criminal appellate jurisdiction

Judgment

                                                         45-ALP-367-2017 (CR).doc




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

          APPLN FOR LEAVE TO APPEAL(PVT.) NO. 367 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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