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Bombay High Court

DR. KAVITA PRAVIN TILWANIversusTHE STATE OF MAHARASHTRA THROUGH THE SECRETARY AND ORS.

Decided
Disposal
Disposed Off

Holding

The writ petition is dismissed as abated due to the death of the petitioner.

Summary

Dr. Kavita Pravin Tilwani filed a writ petition (No. 2887 of 2018) in the Bombay High Court challenging actions of the State of Maharashtra. The Court, on 25 February 2026, directed the registry to inform the petitioner of the next hearing date, expecting her personal appearance. The registry later received information that the petitioner had passed away. The Court examined whether the petition could continue after the death of the petitioner. It held that a writ petition is a personal remedy and abates upon the death of the petitioner unless a legal representative is made a party. Accordingly, the petition was dismissed as abated.

Issues considered

  • What is the effect of the death of a petitioner on a pending writ petition?

Subjects

  • writ petition
  • abated proceedings
  • death of petitioner
  • Civil Appellate Jurisdiction
  • Bombay High Court

Judgment

  2026:BHC-AS:34522

                          Renuka                                               9-WP-2887-2018.docx


                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                              CIVIL APPELLATE JURISDICTION
                                             WRIT PETITION NO. 2887 OF 2018
                          Dr. Kavita Pravin Tilwani                             ...Petitioner
                                            V/s.

                          The State Of Maharashtra Through                    ...Respondents
                          The Secretary and Ors.
                                                  ________________
                          None for the Petitioner.
                          Ms. V. R. Raje, AGP for Respondent-State.
                                                        ________________
                                                                  CORAM: SANDEEP V. MARNE, J.
                                                                  DATED: 21 AUGUST 2026.


                          P.C.:


                          1)           By order dated 25 February 2026, this Court has directed the
                          registry to give intimation of next date of hearing to the Petitioner who,
                          use to appear in person.


                          2)           Registry has received information that the Petitioner has
                          passed away.


                          3)           Writ Petition is accordingly dismissed as abated.


                                                                            [SANDEEP V. MARNE, J.]




Signed by: Renuka S Thakur
                                                           Page No.1 of 1
Designation: PA To Honourable Judge                       21 August 2026
Date: 24/08/2026 10:50:26


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