Bombay High Court

ANTONETTE FERNANDESversusSEVERINA @ XAVIERINA FERNANDES AND 10 ORS

Disposal: Disposed of
Bench: NEELA GOKHALE

Holding

The early‑hearing application was disposed of as the petitioner had died and the applicant did not wish to pursue it.

Summary

The applicant, Antonette Fernandes, filed an application seeking an early hearing in a writ petition. During the pendency of that application, the petitioner (the deceased) passed away. Counsel for the applicant informed the court that the legal heirs needed to be recorded. Consequently, the applicant chose not to press the early‑hearing application. The court, noting the death of the petitioner and the applicant's decision, disposed of the early‑hearing application without further order.

Issues considered

What procedural steps should be taken when the petitioner dies during the pendency of an application for early hearing?

Subjects

death of party
recording legal heirs
early hearing application
disposal of application

Judgment

2026:BHC-GOA:532
                                              10 MCA 22 2026

                Amrut

                        IN THE HIGH COURT OF BOMBAY AT GOA
                            MISC.CIVIL APPLICATION NO.22 OF 2026
                                          WITH
                                WRIT PETITION NO.28 OF 2022
                       MISC.CIVIL APPLICATION NO.22 OF 2026
                                        IN
                            WRIT PETITION NO.29 OF 2022
           ANTONETTE FERNANDES                        ... APPLICANT
              Versus
           SEVERINA @ XAVIERINA FERNANDES AND
           10 ORS                                     ... RESPONDENT
                                     WITH
                           WRIT PETITION NO.28 OF 2022
           ANTONETTE FERNANDES                       ... PETITIONER
             Versus
           MARIA IDA CROLINA FERNANDES @ IDA
           FERNANDES AND 14 ORS                                   ... RESPONDENTS

           Ms Annelise Fernandes, Advocate for the Applicant.
           Mr Rohit Bras De Sa, Advocate for the Respondent Nos.1 and 2
           in WP No.28 of 2022.
           Ms Natasha Rai, Advocate for Respondent No.13, 14(a), 14(b)
           and 14(c).
           Mr Prashil Arolkar, Additional Government Advocate for the
           State.

                                  CORAM:- DR. NEELA GOKHALE, J.
                                  DATED :- 18th March, 2026

           P.C.:


           1.           Ms A. Fernandes, learned counsel appearing for the Applicant
           states that during the pendency of the application seeking early
           hearing, the Petitioner has passed away. Hence, she needs to bring on


                                                 Page 1 of 2
                                               18th March, 2026
                                                      10 MCA 22 2026


                     record the legal heirs of the deceased Petitioner.


                     2.          In view of the aforesaid statement, she does not press the
                     application for early hearing. Accordingly, the same is disposed of.



                                                              DR. NEELA GOKHALE, J.




Signed by: AMRUT NAGESH TARI
Designation: Private Secretary
                                                         Page 2 of 2
Date: 18/03/2026 18:14:57
                                                       18th March, 2026

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