Bombay High Court

DEVIDAS NANDU RATHODversusBHAU DAGDU RATHOD

Disposal: DISPOSED OFF
Bench: ABASAHEB D SHINDE

Holding

The writ petition stands abated due to the petitioner's failure to record the legal heirs within the time prescribed.

Summary

The petitioner, Devidas Nandu Rathod, filed a writ petition against Bhau Dagdu Rathod. The court observed that both the petitioner and Respondent No.1 had died, and directed the petitioner to record their legal heirs within four weeks. The petitioner was given a deadline of 04.10.2025 to comply. The petitioner failed to take the required steps within the stipulated time. Consequently, the court held that the petition could not proceed and ordered that the writ petition stand abated. The decision underscores the necessity of complying with procedural directions concerning parties' death and heir representation.

Issues considered

Whether a writ petition may continue when the original parties are deceased without the legal heirs being recorded
Whether failure to comply with the court's deadline to record legal heirs warrants abatement of the petition

Subjects

writ petition
abated
legal heirs
procedural compliance
civil procedure

Judgment

2026:BHC-AUG:14945
                                                   1                      904.doc



                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD
                         904 WRIT PETITION NO. 12446 OF 2015

                                DEVIDAS NANDU RATHOD
                                       VERSUS
                                 BHAU DAGDU RATHOD
                                             …

                      Advocate for the Petitioner : Mr. Murge Estling S
                     Advocate for Respondent/Sole : Mr. Gholap Ajit M.
                                              …
                                          CORAM        : ABASAHEB D. SHINDE, J.
                                            DATE       : 08.04.2026
             PER COURT :
             .        Heard.


             2.       This Court by an order dated 04.10.2025 have observed that the
             petitioner and respondent No.1 are no more and hence, the steps are
             required to be taken for bringing their legal heirs on record. Though,
             time of four weeks was granted, the petitioner failed to take steps as
             directed by this Court vide order dated 04.10.2025. Hence, the Writ
             Petition stands abated.




                                                       ( ABASAHEB D. SHINDE, J. )




   vsj..

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