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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