Bombay High Court

SMT. SHUBHADA YASHWANT SAPREversusBHAU WAGHU GAIKWAD DECD THRU LHR AND ORS

Decided: 12 February 2026
Disposal: Disposed Off
Bench: SANDEEP V MARNE

Holding

The petition is dismissed for want of prosecution.

Summary

The petitioner, Shubhada Yashwant Sapre, filed a writ petition against the legal heirs of the deceased respondent, Bhau Waghu Gaikwad. The court attempted to contact the petitioner via registered post, but the letter was returned marked 'deceased'. No instructions or participation were received from the petitioner’s legal heirs. Consequently, the court found that there was no interest on the part of the heirs to continue the proceedings. The petition was therefore dismissed for want of prosecution.

Issues considered

Whether a writ petition can proceed when the petitioner is deceased and no legal heir joins the case
Whether dismissal for want of prosecution is appropriate in such circumstances

Subjects

writ petition
dismissal
want of prosecution
deceased petitioner
legal heirs

Judgment

k 1/1 39 wp 6011.19 as.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION

WRIT PETITION NO.6011 OF 2019

Shubhada Yashwant Sapre ....Petitioner
V/S
Bhau Waghu Gaikwad
deceased through his legal heirs
Dwarka Narayan Kemse & Ors. ....Respondents
_________

Mr. Krutik R. Kamble h/f Mr. Sanjay Kshirsagar for the Petitioner.

__________

CORAM : SANDEEP V. MARNE, J.
DATE : 12 FEBRUARY 2026.
P.C.:

1. The learned counsel appearing for the Petitioner submits that
upon an attempt made to contact the Petitioner by addressing letter by
RPAD, the same is returned with the remark ‘deceased’. He submits that
no instructions are received for bringing legal heirs of the Petitioner on
record.

2. It appears that no interest is left even on the part of the legal heirs
in prosecuting the Petition. Writ Petition is dismissed for want of
prosecution.

(SANDEEP V. MARNE, J.)
Digitally
signed by
SUDARSHAN
SUDARSHAN RAJALINGAM
RAJALINGAM KATKAM
KATKAM Date:
2026.02.13
15:27:25
+0530

katkam Page No. 1 of 1

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