Bombay High Court
HIRA DOULATRAM HEMWANIversusSEEMA BHARAT SUGANDH AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The petition is deemed abated upon the death of the petitioner and is therefore disposed.
Summary
The petitioner, Smt. Hira Doulatram Hemwani, filed a writ petition in the Bombay High Court. During the proceedings, counsel informed the Court that the petitioner had died on 11 September 2026 and that her legal heirs did not wish to continue the suit. The petitioners’ counsel therefore moved that the petition be dismissed as it had abated. The Court examined the submission that a writ petition ceases upon the death of the petitioner when no heir wishes to prosecute. Accordingly, the Court held that the petition stood abated and ordered its disposal. The judgment was delivered by Chief Justice Mahesh Chandra Tripathi and Justice Advait M. Sethna on 5 October 2026.
Issues considered
- Does a writ petition abate upon the death of the petitioner when the legal heirs do not wish to pursue the relief?
Subjects
- writ petition
- abated petition
- death of petitioner
- Civil Procedure Code
- High Court of Bombay
Judgment
PDP 30-WP-4414-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 4414 OF 2026
Smt. Hira Doulatram Hemwani .. Petitioner
Vs.
Seema Bharat Sugandh & Ors. .. Respondents
...
Ms. Trupti Gosavi a/w Vrunali Kirtikar i/by Sourabh A. Saxena for
the Petitioner.
...
CORAM : MAHESH CHANDRA TRIPATHI, CJ. &
ADVAIT M. SETHNA, J.
DATE : 5th OCTOBER, 2026.
P.C. :
1. Learned Counsel appearing for the Petitioner informs the
Court that the sole Petitioner expired on 11 th September, 2026, and
that hir legal heirs are not desirous of prosecuting the instant Writ
Petition. She, therefore, submits that the instant Writ Petition having
abated, may be disposed of.
2. In view of the aforesaid statement, the instant Writ Petition
stands Disposed of as abated.
[ADVAIT M. SETHNA, J.] [CHIEF JUSTICE]
Digitally signed
by PRAVIN
DASHARATH
PRAVIN PANDIT
DASHARATH
Date:
PANDIT 2026.10.06
10:26:24
+0530
1
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