Bombay High Court
ADITI VIJAY SARWATE(EARLIER KNOWN AS MRS.ADITI DINESH CHANDEL)versusDINESH KUMAR CHANDEL
- Decided
- Disposal
- Disposed Off
Holding
The appeal is deemed infructuous and is disposed of due to the death of the appellant.
Summary
The appellant, Dinesh Kumar Chandel, filed a family court appeal challenging a judgment dated 28.02.2023. While the appeal was pending, the appellant died on 27.10.2024. The appellant's counsel filed a praecipe seeking withdrawal of the proceedings on the ground of the appellant's death, which was not contested by the respondent's counsel. The court held that the death of the appellant rendered the appeal infructuous and therefore disposed of it. All pending interim applications were also dismissed as there was no longer a party to pursue them.
Issues considered
- What is the appropriate procedural consequence when an appellant dies before a pending appeal is decided?
Subjects
- appeal
- death of party
- infructuous
- family court
- interim application
Judgment
Digitally
signed by
RUSHIKESH
RUSHIKESH VISHNU
VISHNU PATIL
PATIL Date:
2026.02.09
16:41:58
+0530
1/2 2 FCA.86.2023.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FAMILY COURT APPEAL NO. 86 OF 2023
WITH
INTERIM APPLICATION NO. 14908 OF 2023
WITH
INTERIM APPLICATION NO. 15922 OF 2023
IN
FAMILY COURT APPEAL NO. 86 OF 2023
Dinesh Kumar Chandel .. Appellant
Versus
Aditi D Chandel .. Respondents
WITH
INTERIM APPLICATION NO. 15156 OF 2023
IN
FAMILY COURT APPEAL NO. 86 OF 2023
Aditi Vijay Sarwate(Earlier Known .. Applicant
As Mrs.Aditi Dinesh Chandel)
Versus
Dinesh Kumar Chandel .. Respondents
…
None for the Appellant.
Ms Shirin Merchant a/w Ms Gauri Suryavanshi, for the
Respondent.
…
CORAM: BHARATI DANGRE &
MANJUSHA DESHPANDE, JJ.
DATED : 06th FEBRUARY, 2026
P.C:-
1. A praecipe is moved by the learned counsel for the
Appellant under his signature seeking withdrawal of the
Rushikesh
2/2 2 FCA.86.2023.odt
proceedings by informing that the Appellant has passed away
on 27.10.2024.
None appear for the Appellant and we have perused the
praecipe moved. The learned counsel appearing for the
Respondent-wife do not dispute the statement made in the
praecipe.
In the wake of the above, since the Appeal Cled by the
husband raise a challenge to the Judgment dated 28.02.2023
passed in P.A. No. 1414/2015, the same having been rendered
infructuous on his death, we dispose of the Appeal as
infructuous.
Pending Interim Applications are also disposed of.
(MANJUSHA DESHPANDE, J.) (BHARATI DANGRE, J.)
Rushikesh
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