Bombay High Court

ANKUSH PANDURANG BHALKE DIED THR LRS ALKABAI A BHALKE AND ORSversusDEUBAI PRALHAD HIWALE AND OTHERS

Disposal: DISPOSED OFF

Holding

The court quashed any abatement and permitted the legal representatives to be incorporated as parties to the writ petition.

Summary

During the pendency of a writ petition, the sole petitioner, Ankush Pandurang Bhalke, died. His legal representatives were unaware of the proceedings and only later approached counsel, filing a civil application to continue the petition. The court examined whether the petition abated due to the petitioner's death and whether the delay in filing the application could be condoned. It held that the abatement, if any, was to be quashed and allowed the substitution of the legal representatives, condoning the delay. The registry was directed to amend the title clause to include the representatives, and interim relief was granted pending a further hearing on 22 September 2026.

Issues considered

Does the death of the sole petitioner cause abatement of the writ petition?
Can the delay in filing an application for substitution of legal representatives be condoned?
May the legal representatives be permitted to continue the writ petition as parties?

Subjects

death of petitioner
abatement
substitution of legal representatives
delay condonation
writ petition amendment
interim relief

Judgment

2026:BHC-AUG:38719



                                                                            16-sr920.odt


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                               CIVIL APPLICATION NO. 7846 OF 2026
                                               IN
                                WRIT PETITION NO. 13925 OF 2023

                                   Ankush Pandurang Bhalke
                                            VERSUS
                                Deubai Pralhad Hiwale And Others

                                             ----
            Ms.Ashwini Deshmukh, Advocate h/f. Mr.Devant Deshmukh, Advocate
            for applicant
            None present for the respondents
                                             ----

                                       CORAM :     AJIT B. KADETHANKAR, J.
                                       DATE  :     AUGUST 25, 2026

            ORDER :-

                          Heard learned counsel for the petitioner. None present for

            the respondents.


            2.            The application reveals that during pendency of the Writ

            Petition the sole petitioner died.    His legal representatives did not

            approach the learned advocate for informing about his death and

            incorporating their names as legal representatives of the sole Writ

            Petitioner. This resulted into delay in filing this application. The legal

            representatives of the sole petitioner contend that they were not aware

            about the proceedings filed before this court by the deceased sole

            petitioner.   No sooner did they learn about the proceedings, they
                                       2                                 16-sr920



approached their learned advocate and filed the Civil Application. It

is submitted that the cause to continue the prosecution of the

petitioner survives in them after demise of the sole petitioner.


3.           For   the   reasons    recorded   in   the   application,     the

application is allowed. Delay caused in filing the application stands

condoned.     Abatement if any is quashed and set aside.           Registry

shall permit the applicants to incorporate their names in the title

clause of the Writ Petition as legal representatives of sole petitioner.

Amendment be carried out within two weeks.


4.           List the petition for consideration on 22.09.2026. Interim

relief to continue till then.



                                     [AJIT B. KADETHANKAR, J.]
                                   ………..


KBP

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