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Bombay High Court

PRABHU PRABHAKAR KUNDLIK JADHAVversusLAXMAN KISAN GADADE AND OTHERS

Disposal
DISPOSED OFF

Holding

The writ petition is dismissed as abated due to the death of the petitioner and the failure to record legal heirs within the prescribed time.

Summary

The petitioner, Prabhu Prabhakar Kundlik Jadhav, filed a writ petition in the Bombay High Court, Aurangabad Bench. The petitioner’s counsel informed the court that the petitioner was reported to be dead. No application was made to record the legal heirs of the deceased within the statutory time limit. The court noted the failure to comply with the procedural requirement to bring heirs on record. Consequently, the court dismissed the writ petition on the ground of abatement.

Issues considered

  • Whether the writ petition can proceed when the petitioner is deceased and no legal heirs have been recorded within the prescribed period

Subjects

  • writ petition
  • abated
  • death of petitioner
  • legal heirs
  • procedural default

Judgment

2026:BHC-AUG:12198
              Dilwale                                        1                  36-WP- 8842-16.odt




                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       BENCH AT AURANGABAD

                                   36 WRIT PETITION NO. 8842 OF 2016

                                 Prabhu Prabhakar Kundlik Jadhav
                                               VERSUS
                                 Laxman Kisan Gadade And Others
                                                  ...
             Advocate for the Petitioner : Mr. Ambad Shrinivas A
             Advocate for Respondent Nos.1 & 2 : Mr. Borulkar Avinash R.
             Advocate for Respondent Nos.4 to 6 : Mr Bhosale Uma S.
                                                  ...
                                   CORAM         : SIDDHESHWAR S. THOMBRE, J.
                                       DATE           : 18.03.2026

             PER COURT :
             1.         The learned counsel for the petitioner submits that the petitioner is

             reported to be dead.

             2.         No steps have been taken to bring the legal heirs of the deceased

             petitioner on record within the prescribed period.

             3.         In view thereof, the writ petition stands dismissed as abated.



                                                          [ SIDDHESHWAR S. THOMBRE ]
                                                                    JUDGE


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