Bombay High Court
SMT. RADHABAI KRISHNAJI DAFTARDAR AND ORS.versusSANGLI-MIRAJ-KUPWAD MUNICIPAL CORP. THROUGH ITS COMMISSIONER AND ORS.
- Disposal
- Disposed Off
Holding
The petition stands abated due to the death of the petitioner and the power of attorney holder.
Summary
The petitioners, including Smt. Radhabai Krishnaji Daftardar and others, filed a writ petition against the Sangli-Miraj-Kupwad Municipal Corporation. During proceedings, counsel informed the court that Petitioners No.1 and No.6 had died, and that Petition No.6 held the power of attorney for Petitioners No.1 to 5. The court held that the death of the petitioners and the power of attorney holder caused the petition to stand abated. Consequently, the petition was dismissed as abated. No substantive merits of the petition were addressed.
Issues considered
- Does the death of a petitioner and the holder of a power of attorney abate a pending writ petition?
Subjects
- petition abatement
- death of petitioner
- power of attorney
- writ petition
Judgment
13-WP-7428-2016-(C).docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 7428 OF 2016
Smt. Radhabai Krishnaji Daftardar And
Ors … Petitioners
V/s.
Sangli-Miraj-kupwad Municipal Corp.
Through Its Commissioner And Ors … Respondents
Mr. Prathamesh Patil i/b Mr. Padmanabh D. Pise, advocate for the
Petitioner
Mr. Arjun Mohite i/b Mr. Kirankumar Phakade, advocate for
Respondent Nos. 1 and 2
Mr. A. P. Vanarase, AGP for the State
CORAM : RAJESH S. PATIL &
ABHAY J. MANTRI, JJ.
DATED : OCTOBER 6, 2026
P.C.:
1. Learned counsel for the Petitioner submits that Petitioner
Nos.1 and 6 have died. He submits that Petitioner No.6 was the
power of attorney holder of Petitioner Nos.1 to 5.
IRESH
MASHAL
Digitally signed
2. As Petitioner Nos.1 and 6 have died, the petition stands
by IRESH
MASHAL
Date:
2026.10.06
19:26:59
+0530
abated.
(ABHAY J. MANTRI, J.) (RAJESH S. PATIL, J.)
1/1
Iresh
Checking your session…