Master Akash Sanjay Kulal v. Mrs.Shobha Sanjay Kulal

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