Bombay High Court

AMBUBAI SURESH PAVTEKARversusSUMAN MADHUKARRAO CHINKE AND OTHERS

Disposal: DISPOSED OFF
Bench: SIDDHESHWAR SUNDARRAO THOMBRE

Holding

A writ petition stands abated if the petitioner dies and no legal representative is brought on record.

Summary

The petitioner filed a writ petition in the Bombay High Court, Aurangabad Bench. During the proceedings, the petitioner died and no legal representatives were filed on record. The petitioner’s counsel argued that the petition should be abated. The court examined whether a writ petition can continue in the absence of a surviving petitioner or any representative. It held that without a legal representative, the petition cannot proceed and therefore stands abated. Consequently, the writ petition was disposed of.

Issues considered

Whether a writ petition can continue after the death of the petitioner when no legal representative is brought on record?

Subjects

writ petition
abatement
death of petitioner
legal representation

Judgment

2026:BHC-AUG:24638
                                                                           86-WP-5611-19.odt
                                                   1

                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                               86 WRIT PETITION NO. 5611 OF 2019

                                     Ambubai Suresh Pavtekar
                                           VERSUS
                               Suman Madhukarrao Chinke And Others

                                               ......
          Mr. H.V. Tungar, Advocate for Petitioner
          Mr. A.I. Patel, Advocate for Respondents No.1 to 4 & 5-B
                                               ......

                                            CORAM : SIDDHESHWAR S. THOMBRE, J.
                                            DATE       : 22 JUNE, 2026
          PER COURT :

          1.         Learned counsel for the petitioner submits that the petitioner has

          expired and no legal representatives have been brought on record. In view

          thereof, the writ petition stands abated.



                                                       [ SIDDHESHWAR S. THOMBRE ]
                                                                 JUDGE
          S P Rane

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