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Bombay High Court

MALLINATH S/O. TAMANAPPA CHAMARGOALversusNIRMALA W/O HARIDAS MANE AND ANR

Disposal
Abated

Holding

The death of the sole appellant/applicant abates the pending application for leave to appeal and the criminal appeal, leading to their disposal as infructuous.

Summary

The applicant, Mallinath, filed an application for leave to appeal a 2017 judgment of the Sessions Judge, Solapur, and a related criminal appeal. While the application was pending, the sole applicant/appellant died, as informed by his counsel. Both parties agreed that the death of the sole appellant rendered the proceedings abated. The court examined the effect of the appellant's death on pending appellate proceedings. It held that the death of the sole applicant/appellant extinguishes the right to pursue the appeal, causing the application and appeal to become infructuous. Consequently, the court disposed of both the leave to appeal application and the criminal appeal as infructuous.

Issues considered

  • Does the death of the sole appellant/applicant abate pending applications for leave to appeal and criminal appeals?

Subjects

  • abated proceedings
  • death of appellant
  • leave to appeal
  • criminal appeal
  • procedural law
  • infructuous

Judgment

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                                                                                17-ALP-53-2018 (CR).DOC


                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                              CIRCUIT BENCH AT KOLHAPUR

                                            CRIMINAL APPELLATE JURISDICTION

                                    APPLN FOR LEAVE TO APPEAL(PVT.) NO. 53 OF 2018

                        Mallinath S/o. Tamanappa Chamargoal                          …...Applicant
                              VERSUS
                        Nirmala W/o Haridas Mane And Anr.                            …...Respondents

                                                          WITH
                                               CR. APPEAL NO. 1659 OF 2019

                        Mallinath S/o. Tamanappa Chamargoal            …........Appellant
                              VERSUS
                        Nirmala W/o. Haridas Mane And Anr.             ….......Respondents
                        _________________________________________________________________


                        Ms. Nikita Pandey i/b Mr. Samir Kumbhakoni, for Applicant/Appellant.
                        Dr. Ashvini A. Takalkar, APP, for Respondent No.2 - State.
          Digitally
          signed by
          SHANTANU
SHANTANU SHANKARSA
SHANKARSA DHUDUM
DHUDUM    Date:
                        _________________________________________________________________
          2026.09.07
          18:56:53
          +0530



                                            CORAM       :   ASHWIN D. BHOBE, J.
                                            DATE        :   7th SEPTEMBER, 2026.
                        P.C.


                        1.          Heard    Ms.   Nikita   Pandey,   learned   Advocate     for     the

                        Applicant/Appellant and Dr. Ashvini A. Takalkar, learned A.P.P. for

                        Respondent No.2 – State.


                        2.          By the present Application, the Applicant has sought the

                        following substantial relief:


                               “a) Leave to file appeal against the Judgment and Order dated
                                    26/12/2017 passed by the Ld. Sessions Judge, Solapur in
                                    Criminal Appeal No.106 of 2016 may kindly be granted.

               Shantanu S. Dhudum
                                               2/2
                                                                 17-ALP-53-2018 (CR).DOC


               b) The Judgment and Order dated 26/12/2017 passed by the
                     Ld. Sessions Judge, Solapur in Criminal Appeal No.106 of
                     2016 may kindly be quashed and set aside and the
                     complaint of the present Applicant may kindly be allowed.”




         3.              Ms.    Nikita   Pandey,     learned   Advocate      for    the

         Applicant/Appellant, on instructions from Mrs. Chamargoal (wife of the

         Applicant), states that the sole Applicant/Appellant in the present

         proceedings has passed away.       She, therefore, submits that the present

         Application and Appeal stand abated and request for disposal of the same

         as infructuous.


         4.          Dr. Ashvini A. Takalkar, learned A.P.P. for Respondent No.2 –

         State, submits that, in view of the death of the sole Applicant/Appellant,

         the present Application and Appeal stand abated.


         5.          In view of the statement made by Ms. Nikita Pandey, learned

         Advocate for the Applicant / Appellant, the present Application and Appeal

         stand abated.


         6.          Application for leave to Appeal (Pvt.) No.53 of 2018 and

         Criminal Appeal No.1659 of 2019 are disposed of as infructuous.




                                                      ( ASHWIN D. BHOBE, J.)

Shantanu S. Dhudum


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