Bombay High Court

PRAFUL UMARSHI THAKKARversusSMT. HAMIDA MD. MUSTAKIN SHAIKH AND ANR

Decided: 25 August 2026
Disposal: Disposed Off

Holding

The petition was disposed of as abated due to the death of the petitioner and the inability to locate legal heirs.

Summary

The petitioner, Praful Umarshi Thakkar, filed a writ petition in the Bombay High Court. During proceedings, counsel informed the court that the petitioner had passed away. The counsel further stated that despite efforts, the legal heirs of the deceased could not be identified or contacted. The court considered whether the petition could continue in the absence of a living petitioner or identifiable heirs. Finding no party to represent the deceased's interests, the court held that the petition could not proceed. Consequently, the writ petition was disposed of as abated.

Issues considered

Can a writ petition continue after the death of the petitioner when no legal heirs are found?

Subjects

petition abatement
death of petitioner
civil procedure
high court

Judgment

  2026:BHC-AS:35108

                          Vaishnavi                                                  20-WP-13663-2018


                                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                  CIVIL APPELLATE JURISDICTION
                                                 WRIT PETITION NO. 13663 OF 2018

                          Praful Umarshi Thakkar                                    ...Petitioner

                                                V/s.

                          Smt. Hamida Md. Mustakin Shaikh and
                          Anr.                                                    ...Respondents
                                                            ________________
                          Mr. Shashank Patare i/b Mr. Bhushan V. Deshmukh, for Petitioner.
                                                            ________________


                                                                      CORAM: SANDEEP V. MARNE, J.

                                                                      DATED: 25 AUGUST 2026


                          P.C.:


                          1)          Mr. Patare, the learned counsel appearing for Petitioner, submits
                          that Petitioner has passed away. He submits that, despite making efforts,
                          no contact is established with the legal heirs of the deceased-Plaintiff.


                          2)          The Writ Petition is accordingly disposed of as abated.




                                                                                [SANDEEP V. MARNE, J.]




Signed by: VAISHNAVI MAHADEV
                                                               Page No.1 of 1
SHEJAL                                                        25 August 2026
Designation: PA to Honorable Judge
Date: 27/08/2026 11:16:10

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