Bombay High Court

BHAGWAN VAIKU SHELARversusMITHARAM PARSHRAM PATIL AND ORS

Decided: 28 January 2026
Disposal: Disposed Off
Bench: SHARMILA U DESHMUKH

Holding

The petition is abated and disposed of due to the death of the sole petitioner without any representative.

Summary

The petitioner, Bhagwan Vaiku Shelar, filed a writ petition in the High Court of Bombay. During the pendency of the case, the petitioner died in March 2024. No legal heirs or representatives appeared before the Court to take over the petition. The petitioner’s counsel submitted that there were no instructions from any heirs. The Court held that, in the absence of a representative, the petition stands abated. Consequently, the petition was disposed of as abated.

Issues considered

What is the effect of the death of a sole petitioner on a pending writ petition where no legal heir or representative appears?

Subjects

writ petition
abated proceedings
death of petitioner
civil appellate jurisdiction
representation

Judgment

                                                                           47-wp-723-2023.doc


                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
AMOL
PREMNATH
JADHAV
                                             CIVIL APPELLATE JURISDICTION
Digitally signed by
AMOL PREMNATH
JADHAV
Date: 2026.01.29
21:41:01 +0530                             WRIT PETITION NO. 723 OF 2023

                      Bhagwan Vaiku Shelar                                 ...Petitioner
                                Versus
                      Mitharam Parashram Patil & Ors.                      ...Respondents

                                                    ——————
                      Mr. Raju D Suryawanshi, for the Petitioner.

                                                   ——————

                                                 CORAM : SHARMILA U. DESHMUKH, J.
                                                 DATE    : JANUARY 28, 2026


                      P. C. :

                      1.        Learned Counsel for the Petitioner submits that the sole

                      Petitioner has expired in March 2024 and there are no instructions

                      from the legal heirs. In light of the said submissions, Petition is

                      disposed of as abated.




                                                            [SHARMILA U. DESHMUKH, J.]




                      Amol Jadhav                       1 of 1

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