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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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