The High Court held that the appeal became infructuous as the minor appellants attained majority. Disposing the appeal accordingly, no cause survived to prosecute it.
The appeal was disposed of as infructuous.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
FA 1384/04
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
901 FIRST APPEAL NO.1384 OF 2004
MASTER AKASH SANJAY KULAL AND OTHERS VERSUS MRS.SHOBHA SANJAY KULAL
... Advocate for Appellants: Shri P. B. Shirsath Advocate for Respondent : Shri D. R. Korde
CORAM: V.L. ACHLIYA,J.
DATE: 05.12.2019
PER COURT :
1] Learned counsel representing the parties submit that by passage of time, the appeal has become infructuous. It is submitted that the appellant nos.1 and 2, who were minors, and presented the appeal through appellant no.3, now became major and no cause survives to prosecute the appeal.
2] By this appeal, the appellants have challenged the judgment and order dated 28.9.2004 passed in Miscellaneous Application No.160/2003. By the impugned judgment and order, the frst appellate Court rejected the application moved by the appellants and allowed counter claim of the respondent. In terms of judgment and order, custody of appellant nos.1 & 2, who were then minors,
FA 1384/04
was ordered to be handed over to respondent.
3] By the passage of time, the appeal has become infructuous as the appellant nos.1 & 2 have attained the age of majority. In that view, nothing survives to prosecute the appeal. Hence, the appeal is disposed of as infructuous.
(V.L. ACHLIYA, J.)
ndk/c512193.doc
1 issue framed by the court
Whether the appeal became infructuous due to the attainment of majority by the minor appellants.
MASTER AKASH SANJAY KULAL AND OTHERS
MRS.SHOBHA SANJAY KULAL
V.L. ACHLIYA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
