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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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