Bombay High Court

SHRI. SURESH BABU BIRANAGEversusTHE STATE OF MAHARASHTRA AND ORS.

Disposal: Disposed Off

Holding

A writ petition becomes infructuous upon the death of the petitioner and may be dismissed for prosecution.

Summary

The petitioner, Shri Suresh Babu Biranage, filed a writ petition before the Bombay High Court, Kolhapur Bench. While the petition was pending, the petitioner died about four to five months prior to the hearing. No representative appeared on behalf of the deceased petitioner when the matter was called out. Respondent counsel submitted that the petition had become infructuous due to the petitioner's death. The Court, noting the absence of any party to prosecute the petition, dismissed the writ petition for prosecution. The dismissal was recorded on 25 August 2026.

Issues considered

Does the death of a petitioner render a pending writ petition infructuous and justify dismissal for prosecution?

Subjects

writ petition
death of petitioner
dismissal for prosecution
civil procedure
High Court

Judgment

2026:BHC-KOL:8092-DB
                                                                         27.WP.745.2018.odt



                            IN THE JUDICATURE OF HIGH COURT AT BOMBAY
                                     CIRCUIT BENCH AT KOLHAPUR
                                    CIVIL APPELLATE JURISDICTION

                                   WRIT PETITION NO. 745 OF 2018

          Shri. Suresh Babu Biranage                               ...Petitioner

                    Versus

          The State of Maharashtra and Others                ...Respondents
                                           ***
           None for the Petitioner.
           Mr. N. C. Walimbe, Addl. G.P. a/w Mr. Santosh A. Jadhav, “B” Panel
            Counsel, for Respondent – State.
           Mr. Akshay P. Shinde (Through V.C.), Advocate for Respondent Nos.3
            and 4.

                                                  ***
                                                CORAM : RAJESH S. PATIL AND
                                                        ABHAY J. MANTRI, JJ.
                                                DATE    : 25 AUGUST, 2026.
          P. C. :

          1.                 Mr. Shinde, appearing for respondent Nos.3 and 4 submits

          that the petition is now become infructuous, as the petitioner has died

          around 4 – 5 months back.


          2.                 None appears for the petitioner when the matter is called

          out. Hence, the writ petition is dismissed for prosecution.




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



          Shrikant Malani                                                       Page 1 of 1

Continue reading with your account

Checking your session…