Bombay High Court

VITHOBA LAXMAN MHASKEversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF
Bench: N B SURYAWANSHI VAISHALI PATIL JADHAV

Holding

The petition abates upon the death of the petitioner and is therefore disposed.

Summary

The petitioner, Vithoba Laxman Mhaske, filed a writ petition (904 WRIT PETITION NO.1948 OF 2019) in the Bombay High Court, Aurangabad Bench. During the pendency of the petition, the petitioner died in 2023. The petitioner’s counsel informed the court of the death. The court examined whether the petition could continue after the death of the petitioner. It held that the petition abates upon the death of the petitioner and therefore cannot proceed. Consequently, the petition was disposed of, with liberty granted to pursue any surviving grievance in accordance with law.

Issues considered

Whether a writ petition survives the death of the petitioner?

Subjects

writ petition
abate
death of petitioner
civil procedure

Judgment

                                 1

          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    BENCH AT AURANGABAD.

                 904 WRIT PETITION NO.1948 OF 2019

Vithoba Laxman Mhaske                                      ….Petitioner
      Versus
The State of Maharashtra and Others                        ..Respondents
                                …..

Shri. Angad L. Kanade, Advocate for the Petitioner
Shri. A. V. Lavte, AGP for Respondent – State.
                                   …..

                            CORAM :      N. B. SURYAWANSHI AND
                                         VAISHALI PATIL – JADHAV, JJ.
                            Dated     : MARCH 18, 2026

PER COURT :-

.     Learned Advocate for the Petitioner states that during pendency of

this Petition, the Petitioner expired in the year 2023. The Petition is,

therefore, abated and is disposed of as such. If the grievance survives,

liberty is granted to take steps in accordance with law.




(VAISHALI PATIL-JADHAV, J.)                 (N. B. SURYAWANSHI, J.)


GGP

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