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Bombay High Court

M/S. ASSOCIATED TRADERS and ENGINEERS PVT. LTD. CO. AND ANR.versusVYANKATESH NARAYAN DABADAGE

Decided
Disposal
Disposed Off

Holding

The writ petition stands abated due to the death of the sole respondent and lack of substitution of legal heirs.

Summary

The petitioners, M/s. Associated Traders and Engineers Pvt. Ltd. Co. and Anr., filed a writ petition against Vyankatesh Narayan Dabadage. The sole respondent died in December 2025. The respondent's counsel informed the court of the death. The petitioners failed to file any application to bring on record the legal heirs of the deceased respondent. The court held that, in the absence of a substitution of parties, the petition could not proceed. Consequently, the writ petition was held to stand abated.

Issues considered

  • Whether a writ petition can continue after the death of the sole respondent without substitution of legal heirs.

Subjects

  • writ petition
  • abated
  • death of party
  • substitution of parties
  • civil procedure

Judgment

                       KVM
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                                                                                 3 - WP 9144 OF 2018.doc



          Digitally

KANCHAN
          signed by
          KANCHAN
                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
          VINOD
VINOD     MAYEKAR
MAYEKAR   Date:
          2026.07.08
          17:33:21
          +0530                               CIVIL APPELLATE JURISDICTION

                                              WRIT PETITION NO. 9144/2018

                       M/S. ASSOCIATED TRADERS and
                       ENGINEERS PVT. LTD. CO. AND ANR.                      ….. PETITIONERS

                                 VS

                       VYANKATESH NARAYAN DABADAGE                           ….. RESPONDENT

                       None for the Petitioners.

                       Adv. Vilasini B. a/w. Adv. Akshay Tapkir (Thr V.C.) for the Respondent.


                                                          CORAM : RAJESH S. PATIL, J.

                                                          DATE      : 7 JULY, 2026

                       P.C. :-

                       1)               Learned advocate appearing for the respondent submits

                       that the sole respondent, has died in the month of December 2025.

                       2)               Since no steps have been taken by the petitioners to bring

                       on record the legal heirs of the deceased sole respondent, the writ

                       petition stands abated.



                                                                       [RAJESH S. PATIL, J.]


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