Bombay High Court
DNYANESHWAR LAXMAN DONGREversusPRASHANT MAHADEV NAGARKAR AND ORS
- Decided
- Disposal
- Dissmiss For Default/Non-Prosecution
- Bench
- GAURI GODSE
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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