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Bombay High Court

DNYANESHWAR LAXMAN DONGREversusPRASHANT MAHADEV NAGARKAR AND ORS

Decided
Disposal
Dissmiss For Default/Non-Prosecution

Holding

The petition was dismissed for non‑prosecution as there was no living petitioner or authorized representative to pursue the case.

Summary

The petitioner, Shri Dnyaneshwar Laxman Dongre, filed a writ petition in the Bombay High Court against Shri Prashant Mahadev Nagarkar and others. During proceedings, counsel informed the court that the petitioner had died and that there were no instructions from any heir or legal representative to continue the case. The court considered whether the petition could be pursued in the absence of a living petitioner or authorized representative. Finding no party to prosecute the petition, the court held that the writ petition could not proceed. Consequently, the petition was dismissed for non‑prosecution.

Issues considered

  • Can a writ petition continue after the death of the petitioner without representation by heirs or a legal representative?

Subjects

  • writ petition
  • non‑prosecution
  • death of petitioner
  • civil appellate jurisdiction
  • Bombay High Court

Judgment

                                                                                 26-WP-3031-2017.docx


             rrpillai                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                               CIVIL APPELLATE JURISDICTION
                                              WRIT PETITION NO. 3031 OF 2017

                                Shri Dnyaneshwar Laxman Dongre             …     Petitioner
                                     Vs.
                                Shri Prashant Mahadev Nagarkar             …     Respondents
                                and Others


                                Ms. Priyanka Bhoite h/f. Ms. Aditi Naikare for the Petitioner.
                                Mr. Niranjan Kandade i/b. Mr. Nandu Pawar for Respondent
                                No. 2
                                                          CORAM : GAURI GODSE, J.

                                                          DATE :      27th FEBRUARY 2026

                                ORDER :


                                1.      Learned counsel for the petitioner submits that the sole

                                petitioner has expired. She further submits that she has no

                                instructions from the heirs and legal representative to

                                prosecute the petition.


                                2.      The writ petition is dismissed for non-prosecution.




                                                                            [GAURI GODSE, J.]




             Digitally signed
             by RAJESHWARI
RAJESHWARI   RAMESH PILLAI
RAMESH       Date:                                              1/1
PILLAI       2026.03.04
             10:45:33 +0530


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