Bombay High Court
BALWANTRAI TRIBHUVANDAS MEHTAversusSHOBHANA PRABHADEEP BAJWA ALIAS MEHTA AND ORS.
- Decided
- Disposal
- Dismissed
Holding
The writ petition was dismissed as the sole petitioner had died and no heirs or legal representatives were available to continue the proceedings.
Summary
The petitioner, Swapnil Balwantrai Tribhuvandas Mehta, filed a writ petition in the Bombay High Court. The petitioner died on 2 September 2025 and a death certificate was submitted. The counsel for the petitioner indicated that there were no instructions from any heirs or legal representatives of the deceased. The court considered whether the petition could continue in the absence of a surviving petitioner or representative. Finding no such representation, the court dismissed the writ petition.
Issues considered
- Can a writ petition be pursued after the death of the sole petitioner without any heir or legal representative?
Subjects
- death of petitioner
- representation
- writ petition
- civil appellate jurisdiction
- Bombay High Court
Judgment
2026:BHC-AS:19068
18-WP-7863-2018.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 7863 OF 2018
Swapnil
Balwantrai Tribhuvandas Mehta. …Petitioner
Vs.
Shobhana Prabhadeep Bajwa
Alias Mehta and Ors. …Respondents
Mr. Prasad N. Thonse for the petitioner.
CORAM : GAURI GODSE, J.
DATE : 28th AUGUST 2026
ORDER :
1. Learned counsel for the petitioner submits that the sole
petitioner has expired on 2 nd September 2025. He has
tendered the death certificate of the deceased sole petitioner.
He further submits that he has no instructions from the heirs
and legal representatives of the deceased sole petitioner.
2. The writ petition, is therefore, dismissed.
[GAURI GODSE, J.]
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