Bombay High Court

SHRI. BABULAL VITTHALSINGH PARDESHIversusTHE DISTRICT COLLECTOR, SOLAPUR

Disposal: Disposed Off

Holding

A writ petition filed by a sole petitioner abates by operation of law upon the petitioner's death.

Summary

The petitioner in Writ Petition No. 5664 of 2016, Shri Babulal Vitthalsingh Pardeshi, died as recorded on 10 January 2023. The petitioners' counsel sought to file an application to record the legal heirs and to hand over the papers to a lawyer, but no such application had been filed. The court held that, since the sole petitioner had been deceased for more than three years, the writ petition abated by operation of law. Consequently, the petition was disposed of as abated. A separate writ petition (No. 6296 of 2016) was scheduled to be listed on 5 October 2026.

Issues considered

Does the death of a sole petitioner cause automatic abatement of a pending writ petition?
Can the petition be continued by the legal heirs after the petitioner's death?

Subjects

abatement
death of petitioner
writ petition
civil procedure
Bombay High Court

Judgment

                                                                   8-WP-5664-2016.doc


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              CIRCUIT BENCH AT KOLHAPUR
                              CIVIL APPELLATE JURISDICTION
                             WRIT PETITION NO. 5664 OF 2016
             Shri. Babulal Vitthalsingh Pardeshi                    …Petitioner
                   Vs
             The District Collector, Solapur                      …Respondent

                                           WITH
                               WRIT PETITION NO. 6296 OF 2016
             Shri. Manohar E. Chandgude and Ors.                    …Petitioners
                   Vs
             The District Collector, Solapur and Ors.             …Respondents

             Mr. Krishna Aghav (VC), Mr. T. D. Deshmukh, advocate for the
             Petitioners
             Mr. Sarang Aradhye a/w Mr. Shantanu Gurav, advocate for
             Respondent No.5
             Mr. A. P. Vanarase, advocate for Respondent Nos.1 to 4.

                                   CORAM : RAJESH S. PATIL, &
                                           ABHAY J. MANTRI, JJ.
                                   DATE     : 21 SEPTEMBER 2026
             P. C. :
             1.      By an order dated 10 January 2023, it has been recorded that
IRESH
MASHAL       the Petitioner in Writ Petition No. 5664 of 2016 has died. Liberty
Digitally
signed by
IRESH
MASHAL       was sought to bring on record the legal heirs of the deceased sole
Date:
2026.09.22
10:03:30
+0530

             Petitioner.

             2.      Counsel appearing for the Petitioner submits that application

             to bring on record the legal heirs has not been preferred as of now.

             He is seeking a short accommodation in order to hand over the


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                                                       8-WP-5664-2016.doc


papers to a lawyer practicing in Kolhapur Circuit Bench of the

Bombay High Court.

3.      Since the sole Petitioner has died long back, more than three

years ago, therefore, by operation of law, the Writ Petition has

abated.

4.      Writ Petition stands disposed of as abated.

5.      Writ Petition No. 6296 of 2016 to come up on board on

5 October 2026.



(ABHAY J. MANTRI, J.)                            (RAJESH S. PATIL, J.)




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Iresh

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