Bombay High Court

JAITUNBEE YAKUBH PATHANversusTHE DIVISIONAL COMMISSIONER AND ANOTHERS

Disposal: DISPOSED OFF

Holding

The petition stands abated due to the death of the sole petitioner.

Summary

The petitioner, Jaitunbee, filed a writ petition before the Bombay High Court, Aurangabad Bench. The petition was being heard when the court learned that the petitioner had died. The court examined whether the petition could continue in light of the petitioner's death. It held that a petition cannot proceed when the sole petitioner is deceased. Consequently, the court ordered that the petition stand abated and was disposed of.

Issues considered

Can a writ petition continue after the death of the sole petitioner?

Subjects

petition abatement
death of petitioner
writ petition

Judgment

2026:BHC-AUG:38299



                      IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                  BENCH AT AURANGABAD


                               WRIT PETITION NO.7838 OF 2015


            Jaitunbee w/o Yakubh Pathan               … PETITIONER

                     VERSUS

            The Divisional Commissioner, Aurangabad
            Division & anr.                         … RESPONDENTS

                                              .......
            Mr. R.B. Gaikwad, Advocate for petitioner
            Mr. V.M. Chate, A.G.P. for respondent No.1.
            Mr. P.P. Kokane, Advocate for R.No.2.
                                              ....…

                                      CORAM : SACHIN S. DESHMUKH, J.
                                      DATE   : 20th AUGUST, 2026

            PER COURT :


                         The sole petitioner is reported to be dead. As such, the

            petition stands abated.




                                                (SACHIN S. DESHMUKH, J.)




            fmp/-

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