Bombay High Court

SAHEBRAO LAXMAN PHADversusGOKUL LAXMAN PHAD

Disposal: DISPOSED OFF

Holding

The petition abates upon the death of the petitioner when no legal representative is on record.

Summary

The petitioner, Sahebrao Laxman Phad, filed a writ petition which remained pending when he died on 9 October 2024. No legal representatives were brought on record to continue the proceedings. The learned counsel for the petitioner informed the Court of the death. The Court held that in the absence of any representative, the petition stands abated. Consequently, the petition was disposed of as abated, with a direction that the petitioner’s legal representatives may approach the Court to set aside the abatement and be impleaded in place of the deceased. No substantive merits of the petition were considered.

Issues considered

Whether a writ petition continues after the death of the petitioner when no legal representative is on record?

Subjects

Writ Petition
Abatement
Death of Petitioner
Legal Representation
High Court

Judgment

2026:BHC-AUG:40136


                          IN THE JUDICATURE OF HIGH COURT AT BOMBAY
                                     BENCH AT AURANGABAD

                              949 WRIT PETITION NO. 2630 OF 2022

                                     Sahebrao Laxman Phad
                                              VERSUS
                                       Gokul Laxman Phad
                                                 ...
                Advocate for the Petitioner : Mr. Krushna N. Bhosale h/f Mr. Ajay T
                                            Kanawade
                                                 ...

                                  CORAM       : ROHIT W. JOSHI, J.
                                  Dated       : September 02, 2026

           PER COURT :-

           1.       Learned Advocate for the petitioner states that the petitioner has

           expired on 09/10/2024. His legal representatives are not brought on

           record.

           2.       The petition is disposed of as abated.

           3.       It will be open for the legal representatives of the petitioner to

           take appropriate steps for setting aside abatement and for impleading

           their names in place of the deceased petitioner.




                                                             ( ROHIT W. JOSHI, J. )




           vj gawade/-.




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