Bombay High Court

MUKHTAR KHAN BABAKHAN PATHANversusANIL SHESHRAO DESHPANDE AND OTHERS

Disposal: DISPOSED OFF
Bench: SIDDHESHWAR SUNDARRAO THOMBRE

Holding

The writ petition stands dismissed as abated.

Summary

The petitioner, Mukhtar Khan Babakhan Pathan, filed a writ petition but was reported to be dead. No steps were taken to bring his legal heirs on record within the prescribed period. The court examined whether the petition could continue in the absence of the petitioner and without representation by heirs. It held that the petition could not proceed and was therefore abated. Consequently, the writ petition was dismissed.

Issues considered

Can a writ petition continue when the petitioner is deceased and no legal heirs are joined within the prescribed period?

Subjects

writ petition
abated petition
death of petitioner
legal heirs
civil procedure

Judgment

2026:BHC-AUG:12204
              Dilwale                                        1                   9-WP-8918-16.odt




                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       BENCH AT AURANGABAD

                                    9 WRIT PETITION NO. 8918 OF 2016

                                  Mukhtar Khan Babakhan Pathan
                                               VERSUS
                               Anil Sheshrao Deshpande And Others
                                                  ...
             Advocate for the Petitioner : Mr. Chandole S. V.
             AGP for Respondents: Mrs. D. S. Jape
                                                  ...

                                       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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