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Bombay High CourtFCA/37/2017disposed offdismissed for default

Pradip Harihar Joshi v. Shila Pradip Joshi

2018-06-22Hon'Ble Shri Justice Prasanna B. Varale,Hon'Ble Shri Justice S. M. Gavhane2 pages

37.17fca (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD FAMILY COURT APPEAL NO.37 OF 2017 Pradip s/o Harihar Joshi, Age: 56 years, Occu: Nil Handicapped, R/o. N-7, CIDCO, Aurangabad ..APPELLANT

VERSUS

Shila w/o Pradip Joshi, Age: 57 years, Occu: Business and Caterers, R/o Plot No.61, Near Cosmo Films, Gveot House (old) South, Sawarkar Nagar, N-5, CIDCO, Aurangabad ..RESPONDENT Mr S. A. Kulkarni, Advocate for appellant CORAM : PRASANNA B. VARALE AND S. M. GAVHANE, JJ.

DATE : 22nd June, 2018 ORAL ORDER:

Heard Mr Kulkarni, learned Counsel appearing for the appellant. He invited our attention to the pursis placed on record. It is submitted that the appellant filed the present appeal against respondent, challenging the judgment and order of the learned Judge of the Family Court in Petition No.442 of 2013.

2.

It is further submitted that the appellant has expired on 13th May, 2018, during the pendency of the appeal. Copy of the death certificate, issued by the competent authority is also placed on record along with the pursis.

37.17fca (2) 3.

In view of the above referred fact, nothing survives in the present appeal. The Family Court Appeal abates and same is disposed of. (S. M. GAVHANE, J.) (PRASANNA B. VARALE, J.) sjk