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Bombay High Court

SHRI.NIRMALKUMAR CHIRANJILAL JAGOTAversusSHRI.CHANDRAKANT GOVIND BHIDE

Decided
Disposal
Disposed Off

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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