Bombay High Court
RAJENDRA BABURAO UBALEversusTHE STATE OF MAHARASHTRA AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The petition was dismissed as the petitioner was deceased, leaving no surviving party to pursue the relief.
Summary
The petitioner, Rajendra Baburao Ubale, filed a writ petition before the Bombay High Court, Aurangabad Bench. During the proceedings, the respondent corporation asserted that the petitioner had died, a claim the petitioner’s counsel denied having received any instruction about. The court examined the claim of death and, finding it credible, concluded that the petitioner could no longer pursue the petition. Consequently, the court held that no relief could survive the death of the petitioner. The petition was therefore disposed of without any further orders.
Issues considered
- Can a writ petition continue when the petitioner is deceased?
Subjects
- writ petition
- death of petitioner
- petition dismissed
- civil procedure
Judgment
2026:BHC-AUG:688-DB
-1-
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
938 WRIT PETITION NO. 9059 OF 2015
RAJENDRA BABURAO UBALE
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
Mr.Awate h/f Mr.S.B.Talekar, Advocate for the petitioner.
Mr.Jay Veer h/f Ms.Anjali Dube, Advocate for respondent No.2.
Ms.Jayshri P. Reddy, AGP for the respondent/State.
( CORAM : KISHORE C. SANT AND
SUSHIL M. GHODESWAR, JJ. )
DATE : 8 JANUARY, 2026
PER COURT :
1. The learned Advocate for the respondent/Corporation
makes a statement that the petitioner is no more. The learned Advocate
for the petitioner however submits that he has no such instructions.
2. Considering that the petitioner is no more, nothing survives
in the petition. In view of the above, the petition stands disposed off, as
such.
( SUSHIL M. GHODESWAR, J.) ( KISHORE C. SANT, J.)
khs/Jan.2026/9059
-2-
khs/Jan.2026/9059
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