Bombay High Court
MALLINATH S/O. TAMANAPPA CHAMARGOALversusNIRMALA W/O. HARIDAS MANE AND ANR
- Disposal
- Abated
Holding
The death of the sole appellant extinguishes the right to appeal, causing the proceedings to abate and be disposed as infructuous.
Summary
Mallinath filed an application for leave to appeal and a criminal appeal challenging a Sessions Judge's judgment. During the pendency of these proceedings, the sole applicant died. The applicant's counsel submitted that the death rendered the applications infructuous and sought their disposal. The State's counsel concurred, arguing that the proceedings should abate. The court held that the death of the sole appellant extinguishes the right to appeal, resulting in abatement, and consequently disposed both the leave application and the criminal appeal as infructuous.
Issues considered
- The death of a sole appellant/ applicant abates pending appeal and leave to appeal applications.
Subjects
- abated proceedings
- death of party
- criminal appeal
- leave to appeal
- procedural law
- infructuous
Judgment
1/2
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
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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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