Bombay High Court
SHRI.NIRMALKUMAR CHIRANJILAL JAGOTAversusSHRI.CHANDRAKANT GOVIND BHIDE
- Decided
- Disposal
- Disposed Off
- Bench
- RAJESH S PATIL
Holding
The writ petition was abated and disposed of due to the death of the petitioner and the absence of any legal representative.
Summary
The petitioner, Nirmalkumar Chiranjee Lal Jagota, filed a writ petition in the Bombay High Court. During the proceedings, an office note revealed that the petitioner had died. No legal heirs or representatives appeared before the Court to continue the petition. The Court considered whether the petition could proceed in the absence of a petitioner or representative. Finding no party to represent the deceased, the Court held that the petition could not continue. Consequently, the writ petition was disposed of as abated.
Issues considered
- Can a writ petition be pursued after the death of the petitioner when no legal heir or representative appears before the Court?
Subjects
- writ petition
- abated petition
- death of petitioner
- civil appellate jurisdiction
- legal representation
Judgment
KVM
1/1
29 - WP 2058 OF 2002.doc
Digitally signed
by KANCHAN
KANCHAN VINOD
MAYEKAR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
VINOD Date:
MAYEKAR 2026.04.24
20:31:20
+0530
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 2058/2002
NIRMALKUMAR CHIRANJILAL JAGOTA ….. PETITIONER
VS
CHANDRAKANT GOVIND BHIDE ….. RESPONDENT
None for the Petitioner.
None for the Respondent.
CORAM : RAJESH S. PATIL, J.
DATE : 23 APRIL, 2026
P.C. :-
1) Office note shows that the petitioner has died.
2) None appeared on behalf of the legal heirs of the
petitioner.
3) Writ petition is disposed of as abated.
(RAJESH S. PATIL, J.)
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