Bombay High Court

SMT. RATNAKALA ASHOK KATKAMversusTHE STATE OF MAHARASHTRA AND ANR

Disposal: Disposed Off
Bench: VRUSHALI V JOSHI

Holding

The petition stands disposed of as abated, and the interim application is likewise disposed.

Summary

The petitioner filed a writ petition in 2016 challenging an order, but the petitioner died in 2017. An application for condonation of delay and setting aside the abatement was filed in 2018, yet no steps were taken to list the legal heirs. The matter remained inactive for seven years, and the petition was formally abated in 2018. The Court held that, because the petition had been disposed of as abated, the interim application also stands disposed. Consequently, the petition and the related interim application were dismissed without further hearing.

Issues considered

What is the effect of the petitioner's death on the pending writ petition?
Whether the petition can be revived after abatement despite a delay condonation application?
Whether the interim application should be disposed of in view of the petition's abatement?

Subjects

abatement
delay condonation
petition disposal
legal heirs
civil appellate jurisdiction

Judgment

25-wp-7881-2016.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.7881 OF 2016
WITH
CIVIL APPLICATION (ST) NO.23879 OF 2018
Ratnakala Ashok Katkam …..Petitioner
Vs.
The State of Maharashtra & Ors. …..Respondents
Mr. Sarang Aradhye, i/b. Mr. B. D. Joshi, for the Petitioner.
Mr. Sanjay D. Rayrikar, AGP, for the Respondent No.1-State.
Mr. Anand Kulkarni (Through VC), for the Respondent No.3.
CORAM : MRS. VRUSHALI V. JOSHI, J.
DATED : 13th JANUARY 2026
P.C.:-
1. The Petition is pending since 2016. The sole Petitioner died in

the year 2017. The application for delay condonation and for setting

aside the abatement is also filed on record. The Application is also

pending on record since 2018. No steps were taken to list the matter

before the Court for bringing legal heirs on record.

2. As the order is challenged in the year 2016 and the matter is

abated in the year 2018, no action was taken since last 7 years.

3. The Petition stands disposed of as abated.

4. In view of disposal of Petition, Interim Application shall also

stand disposed of.

(MRS. VRUSHALI V. JOSHI, J.)

Digitally
signed by
RAJU
Gaikwad RD 1/1
RAJU DATTATRAYA
DATTATRAYA GAIKWAD
GAIKWAD Date:
2026.01.14
20:35:18
+0530

Continue reading with your account

Checking your session…