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Bombay High Court

UDAY KUMAR SINGHversusTHE STATE OF MAHARASHTRA AND ORS

Decided
Disposal
Disposed Off

Holding

A writ petition is abated upon the death of the petitioner.

Summary

The petitioner, Uday Kumar Singh, filed a writ petition before the High Court of Bombay. During the pendency of the petition, the petitioner passed away. The petitioner’s counsel informed the Court of the death. The Court considered whether the petition could continue after the death of the petitioner. It held that the death of the petitioner results in the abatement of the petition. Consequently, the petition was disposed of as abated.

Issues considered

  • Whether a writ petition stands abated on the death of the petitioner?

Subjects

  • writ petition
  • abated petition
  • death of petitioner
  • High Court
  • civil procedure

Judgment

DTG                                                           114-Wp.714.2019.doc



                IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                       CRIMINAL APPELLATE JURISDICTION

                         WRIT PETITION NO. 714 OF 2019

Uday Kumar Singh                                             … Petitioner
         V/s.
The State of Maharashtra & Ors.                              … Respondents
                    _______________________________________

Mr. Digvijay S. Kachare i/b Mr. Kuldeep S. Patil for Petitioner.

Smt. Madhavi H. Mhatre, A.P.P. for Respondent-State.
              _______________________________________

                            CORAM : A. S. GADKARI AND
                                    KAMAL KHATA, JJ.
                            DATE  : 17th June 2026

P.C. :

1)              Learned Advocate for Petitioner submitted that, during the

pendency of Petition, the Petitioner has passed away.

2)              Petition is accordingly disposed off as abated.




                ( KAMAL KHATA, J. )                   ( A.S. GADKARI, J. )




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