Bombay High Court
LAXMAN AMRUTA DHIKALEversusDISTRICT MAGISTRATE PRESIDING OFFICER OF APPELLATE TRIBUNAL FOR MAINTENANCE ,NASHIK AND ORS
- Decided
- Disposal
- Allowed
Holding
The interim application is allowed and the writ petition is restored to the file.
Summary
The applicant, Laxman Amruta Dhikale, filed Writ Petition No. 4638 of 2021 seeking maintenance and subsequently moved an interim application. The High Court, after considering the prayer clause (B) of the application, allowed the interim relief. The court restored the writ petition to the file and noted that Respondent No. 3 had died during the pendency of the proceedings. The learned Additional Government Pleader sought time to verify the applicant's statement regarding the death. Consequently, the court ordered that the petition be listed for further hearing on 19 October 2026.
Issues considered
- What interim relief, if any, should be granted pending the death of a respondent in a maintenance writ petition?
Subjects
- interim relief
- writ petition
- maintenance
- death of respondent
- listing
- High Court of Bombay
Judgment
27-ia-6282-2026.doc
Vivekanand
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally
CIVIL APPELLATE JURISDICTION
signed by
VIVEKANAND
VIVEKANAND RAJENDRA
RAJENDRA BONDE
BONDE Date:
2026.10.05
INTERIM APPLICATION NO. 6282 OF 2026
18:53:14
+0530 IN
WRIT PETITION NO. 4638 OF 2021
Laxman Amruta Dhikale … Applicant
V/s.
District Magistrate Presiding
Officer Of Appellate Tribunal
For Maintenance, Nashik And
Ors … Respondents
Mr. Manoj Bagal, for the Applicant.
Smt. S. D. Chipade, Additional G. P., for the State-
Respondent Nos. 1 & 2.
Adv. Dewang Mhatre i/b Adv. Aloukik Pai, for the
Respondent No. 3, through Legal Aid.
CORAM : AMIT BORKAR, J.
DATED : OCTOBER 5, 2026
P.C.:
1. For the reasons stated therein, the interim application is
allowed in terms of prayer clause (B).
2. Writ Petition No.4638 of 2021 stands restored to the file.
3. It is stated that during the pendency of the proceedings,
Respondent No. 3 has died. The learned AGP, seeks time to
ascertain whether the statement made by the Applicant is correct.
1
27-ia-6282-2026.doc
4. To enable her to take instructions, list the Petition on 19
October 2026.
(AMIT BORKAR, J.)
2
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.